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TUSHAR RAO GEDELA
G S Berar And Co. Pvt. Ltd. – Appellant
Versus
Trans Asian Industries Expositions Pvt. Ltd. – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Petitioner seeks direction from this Court to the learned Executing Court to expeditiously dispose of the execution petition which is pending since 2016.
2. Learned counsel appearing for the petitioner draws attention of this Court to the order dated 27.05.2021 passed by the Court in CM (Main) 216/2021 titled `M/s G S Berar And Co. Pvt. Ltd. & Anr. Vs. Trans Asian Industries Expositions Pvt. Ltd.' whereby this Court had directed the executing Court to complete the execution proceedings as per law and dispose of the same within three months from 15.07.2021.
3. Learned counsel submits this was a consent order whereby the learned counsel appearing for the respondent had categorically submitted that he has no objection in case the said execution petition is disposed of as per law, in a time bound manner.
4. Learned counsel appearing for the petitioner submits that despite the aforesaid direction as also the no objection given by learned counsel appearing for the respondent, the executing court has not been able to dispose of the execution petition within the time as stipulated in the ord
The central legal point established in the judgment is the court's power to direct the executing court to expeditiously dispose of the execution petition and ensure compliance with previous court ord....
: Emphasizing expeditious disposal of execution petitions as per legal provisions and prior directives.
The court mandates expedited execution proceedings in compliance with the Supreme Court's directives to prevent delays caused by parties.
The Execution Court must dispose of the execution proceedings within six months from the date of filing, with the possibility of extension only by recording reasons in writing for such delay.
Execution petitions must be resolved within six months of filing to prevent undue delays in justice delivery.
The need for timely conclusion of execution proceedings as emphasized by the Hon’ble Supreme Court.
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