M/S Secured Assets & Project Pvt ... vs Civil Judge (S.D) Lko & Ors
2017 Latest Caselaw 4874 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- MISC. SINGLE No. - 23239 of 2017
 

 
Petitioner :- M/S Secured Assets & Project Pvt Ltd. Thru Director
 
Respondent :- Civil Judge (S.D) Lko & Ors
 
Counsel for Petitioner :- A.Z. Siddiqui
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for applicant.

By the present petition, petitioner is seeking direction to the court below to expedite the proceedings of Regular Case No. 1640/2016 pending before the court of Civil Judge (Sr. Div.), Lucknow and consider the Interim Injunction application.

This Court has already directed to all the subordinate courts to ensure disposal of every application for interim injunctions within six months failing which, they shall have to record reasons. The said direction was issued by the letter dated 16.8.2017 bearing No.CL No.24/Admn. G-II, dated Allahabad 16.8.2017 and same is quoted below:-

"From,

Mohd. Faiz Alam Khan, HJS,

            Registrar General,

           High Court of Judicature at

           Allahabad

To,

          All the District & Sessions Judges,

          Subordinate to the High Court of Judicature at

          Allahabad

C.L. No. 24/Admin. 'G-II' Dated: Allhabad 16.08.17

Sub: Time bound disposal of interim injunction application.

Madam/Sir,

          Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order-sheet.

          I am, therefore, directed to request you to circulate the instant direction amongst all the judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit.

                                                                       Your faithfully,

            (Mohd. Faiz Alam Khan)

No. 9770/Admin. 'G-II' Dated: Allahabad 16.08.2017"

In view of the aforesaid directions of this Court, it is expected that the respondent No.1 shall decide the injunction application of the petitioner expeditiously or record reasons for not disposing the same.

In case, court below is unable to decide application for interim injunction within a period of six months from filing of the suit, it is incumbent upon trial court to record reasons in writing on every date as to why the application for interim injunction is not being decided.

With the aforesaid observations, the petition is disposed of.

Order Date :- 22.9.2017

Arti/-

(Vivek Chaudhary,J.)