Rajendra Sitaram Goel And Anr vs Jai Enterprises And Associates ...
2023 Latest Caselaw 1498 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.6645 OF 2022

Shri Rajendra Sitaram Goel and anr.                ... Petitioners
      Vs.
Jai Enterprises & Associates and ors.              ... Respondents
                                   -------

None for the Petitioners.
Mr.Rahul Kadam, Advocate for the Respondents.

                                         -------

                       CORAM :     ABHAY AHUJA, J.

                       DATE :      14th FEBRUARY, 2023.
P.C. :


1.         Mr.Rahul Kadam, Advocate          for the respondents in the suit is

present.

2. Registry has made a submission for extension of one year time for

disposal of Special Civil Suit No.200 of 2021 pursuant to a request in

this behalf by the Joint Civil Judge, Senior Division, Pune vide his

communication dated 1st October, 2022. This court on 12th July, 2022

had directed that if parties wish to adduce the evidence in view of the

amendment, such evidence to be concluded within 60 days of the

amendment of the written statement and the judgment be delivered

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within the next 30 days. The said order was communicated to the

concerned Judge on 19th August, 2022. Learned Judge has vide his

communication dated 1st October, 2022 requested for one year extension

for disposal of the suit citing various reasons including the non co-

operation of the parties to complete the evidence within 60 days. It is

submitted that the parties started filing applications on various grounds

which have been disposed of by him. It is submitted in paragraph No.3 of

the said communication that plaintiff has adduced his further

examination-in-chief after taking three adjournments. The defendants

have cross examined the plaintiff on five dates with objections and

counter-objections during the entire process. It is submitted that the

matter is very bulky and it appears that the same is also hotly contested.

The learned Judge has therefore expressed his inability to dispose the

suit within a period of one year in view of the pendency of cases in his

court.

3. Considering these submissions it would be in the interest of justice

that the learned Judge be directed to dispose of the matter within a period

of six months from today. The registry to also consider assigning this

matter to the other Judge who is able to take up the matters considering

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the bulk of the learned Judge's board. Ordered accordingly.

4. Mr.Rahul Kadam, learned counsel for the respondents undertakes

that his clients will fully co-operate in the early disposal of this matter

and will not seek unnecessary adjournments.

                                             (ABHAY AHUJA, J.)




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