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2014 DIGILAW 452 (ALL)

Trivani Structurals Enterprises v. Additional Civil Judge (S. D. )

2014-02-10

PANKAJ MITHAL

body2014
JUDGMENT Pankaj Mithal,J.: - Heard learned counsel for the petitioner. 2 It appears that in respect of a contract dated 1.4.1985, some disputes arose between the parties. 3. Petitioner as such made an application under Section 8 of the Arbitration Act, 1940 in the civil court for settlement of the dispute through an arbitrator which has been registered as Arbitration Suit No.127 of 1993, M/s Triveni Structurals Enterprises Vs. Chief Engineer and is pending in the court of Additional Civil Judge, (Senior Division), Room No.14, Allahabad. 4. In the said case respondent No.2 has put in appearance and has filed written statement on 27.1.1995 but the case is not being decided. 5. Petitioner has therefore preferred this petition for a direction upon the court concerned to decide the above Arbitration Suit No.127 of 1993 within a time bound period. 6. It is well accepted that all litigation is to be brought to an end expeditiously but it is equally well known that the delay in the disposal of suits/proceedings are caused primarily on account of adjournments by the parties/their counsel, strike by the lawyers and due to heavy pendency of cases in all courts. 7. The delay in disposal of the present suit is not attributed to any deliberate action or omission on part of the Presiding Officer. 8. A Division Bench of this Court in 2010 (1) ADJ 531 (DB) Km. Shobha Bose Vs. Judge Small Causes Court has observed that delay in disposal of cases is a systematic delay. The direction for speedy disposal should only be given where the court is satisfied that the court below is purposely avoiding to dispose of the suit or proceedings for any oblique motive. The party should ordinarily relegated to the court seized of the matter to take appropriate steps for speedy disposal of the suit/proceedings depending upon the pendency of other cases and other relevant factors. 9. It is thus, in the fitness of things that the petitioner may approach the court concern for speedy disposal of the Arbitration suit and since the Arbitration suit is of the year 1993, it is expected that the court will act upon it and try to dispose of the suit expeditiously by curtailing all unnecessary adjournments and fixing short dates in quick succession preferably within a year. 10. Petition is disposed of with the above observation.