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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Rajender Kumar Sethi - Appellant
Versus
V.G. Marketing Pvt. Ltd. - Respondent
CM (M) 321 of 2022 & CM Appl. 17160 of 2022
Decided On : 06-04-2022
| Table of Content |
|---|
| 1. request for expeditious trial court proceedings. (Para 1) |
| 2. background of trial court listings and delays. (Para 2) |
| 3. court's disapproval of misuse of judicial process. (Para 3 , 4 , 5) |
| 4. dismissal of petition with costs. (Para 6) |
1. Ms. Simran Sadyara, learned Counsel for the petitioners, seeks a direction to the learned trial court to decide CS 1612/2020 expeditiously.
2. It is seen from the order sheets before the learned Civil Judge that the learned Civil Judge has taken up this matter on 19th November, 2020, 9th December, 2020, 14th January, 2021, 30th March, 2021, 7th September, 2021, 29th September, 2021, 18th November, 2021 and 31st January, 2022 and that the matter is now listed on 25th April, 2022.
3. This Court is completely befuddled as to how the petitioners can even envisage any direction to the learned trial court to deal with this matter with greater expedition than has been displaced by the learned trial court in this case.
4. Post resumption of normal court work after pandemic, trial courts are overburdened and this Court is hesitant to subject them to any greater burden than is already on them.
5. This petition, in my view, is an abuse of process of the court. It is a means to try and use the High Court as an avenue to pressurise the trial court in dealing with the petitioners' matter.
6. This is not what Article 227 of the Constitution of India is meant for. The petition is accordingly dismissed with costs of Rs.11,000/- to be paid by way of a crossed cheque favouring the Delhi High Court Legal Services Committee (DHCLSC), to be deposited with the Registrar General of this Court within a period of 10 days from today.
Article 227 cannot be used to pressure trial courts for expedited proceedings, especially when they are already managing a heavy caseload.
The court emphasized the overburdened nature of trial courts post-pandemic and the misuse of Article 227 of the Constitution of India.
Orders for expeditious proceedings should only be passed with cogent and extremely compelling reasons and after examining the matter from all angles. Pending matters should also be considered expedit....
Article 227 prohibits mandating time-bound directions to lower courts, which must prioritize cases based on urgency.
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.
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