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TUSHAR RAO GEDELA
Anand Granite Exports Pvt. Ltd. – Appellant
Versus
Sanjay Sharma – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Petitioner is aggrieved by the fact that despite a number of hearings, the learned Trial Court has not passed the orders on the application under Order XXXVII Rule 3 (5) of the Code of Civil Procedure, 1908 (hereinafter as "CPC").
2. Learned counsel appearing for the petitioner/plaintiff submits that hearings on 22 separate dates have taken place before the learned Trial Court on the application seeking leave to defend filed by the respondent. However, no orders till date have been passed in the said application.
3. Learned counsel submits that the delay in adjudicating the said application is prejudicially affecting the petitioner/plaintiff and prays for a direction that the learned Trial Court dispose of the said application expeditiously.
4. It is also submitted that the learned Trial Court has posted the matter on 25.04.2023 for hearing arguments on the said application.
5. The advance notice of the present petition has already been made in terms of the notification No. 69/Rules/DHC dated 05.12.2019 of this Court, in terms whereof:
"5. Appearance on the first date of listing:
(a) W
The Court emphasized the need for expeditious disposal of applications under Order XXXVII Rule 3 (5) CPC to prevent prejudicial effects on the petitioner.
The court has the authority to direct the learned Trial Court to expedite the proceedings and dispose of pending applications within specified timelines.
Court emphasized liberal construction of applications under Order 9 Rule 7 CPC to favor merits over procedural technicalities, ensuring parties can contest their cases substantively.
The need for the Trial Court to decide the application of the Petitioner on its own merits and the imposition of legal costs as a condition for the liberty granted.
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
Courts may direct the expeditious disposal of suits that have been pending for a long time, especially when one party is engaging in delaying tactics.
Mandatory compliance with court directions
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