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2016 DIGILAW 3539 (PNJ)

DALIP KUMAR JHA v. STATE OF PUNJAB

2016-12-17

MAHESH GROVER, SHEKHER DHAWAN

body2016
ORDER : 1. On the previous date of hearing, a request for adjournment was made and was granted as per the convenience of the learned counsel for the appellant (in LPA no. 2044 of 2016) making the request and Saturday was given so that sufficient time can be spent on the instant matter. 2. Today an application has been moved stating that the arguing counsel is unavailable and the matter be adjourned. 3. Considerable time has been spent on the instant cases and therefore, the present request for adjournment is unjustified. The Court cannot succumb to whimsical and unjustified requests for adjournment. When pressed by the Court to address arguments, learned counsel representing the applicant states that since he has not looked up the matter he will require time and prayed for indulgence. 4. In both these situations i.e accepting the application or accepting the prayer of the learned counsel for the applicant, we are confronted with Hobson's choice as exercising either would result in accepting the prayer for an adjournment. 5. We however cannot shut our eyes to the issue of immense magnitude raised before us and are left with virtually no choice but to accommodate the request which we deem it appropriate to do under compelling circumstances we are placed in but subject to payment of Rs. 2 lacs as costs to be paid by the applicant for wasting the time of the Court and for the unreasonableness of the request. Ordered accordingly. CM stands allowed. Let the costs be deposited in the account of Punjab and Haryana Employees Association well before the date fixed. 6. List against on 16.1.2017. 7. A photocopy of this order be placed on the files of all aforenumbered connected cases.