TUSHAR RAO GEDELA
Sunil Kumar – Appellant
Versus
Ankur Jain – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 17253/2023 and 17254/2023 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 568/2023, CM APPL. 17251/2023 & CM APPL. 17252/2023
3. Mr. Avi Singh appearing for the petitioner submits that the petitioner had filed the contempt application on 14.04.2022. Learned counsel submits that though the notice was issued, however, neither reply has been filed nor has the learned Trial Court adjudicated the said contempt application.
4. Learned counsel further submits that the petitioner had also filed second contempt application on 21.01.2023, however, no notice yet on the said contempt application has been issued till date.
5. Learned counsel submits that an application under Order XV Rule 5 of CPC, 1908 was filed on 26.08.2022 seeking direction to the respondent to deposit arrears of monthly charges, which is still pending before the learned Trial Court since then.
6. Learned counsel makes a request that a direction to the learned Trial Court be issued to hear and dispose of the aforesaid applications expeditiously. Learned counse
The court has the authority to grant directions to expedite the process of hearing and disposing of pending applications in accordance with relevant court rules and circulars.
The court has the authority to direct the learned Trial Court to expedite the proceedings and dispose of pending applications within specified timelines.
The petitioner cannot be left remediless due to the non-decision on the application for stay filed in the appeal.
Contempt application - In the event of applicant making an application to expedite proceedings pending before competent court, it is expected that court shall consider and decide applicant's' applica....
Timely hearing of applications in civil proceedings is essential, with courts expected to adhere to deadlines and avoid unnecessary delays.
Payments ordered in contempt proceedings classified as costs under CPC rather than fines, raising issues of compliance and clarity in judicial orders.
The assurance of the respondents regarding the timely passing of the order influenced the court's decision in disposing of the appeal.
Misuse of contempt petitions against judicial officers and the availability of remedies such as appeals under the Judges (Protection) Act, 1985.
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