M/S Jain Sales Corp vs Hari Chand
2024 Latest Caselaw 16000 P&H

Punjab-Haryana High Court

M/S Jain Sales Corp vs Hari Chand on 2 September, 2024

Author: Vikas Suri

Bench: Vikas Suri

                                 Neutral Citation No:=2024:PHHC:113974




         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

120
                                                CR-4982-2024
                                                Date of Decision: 02.09.2024
M/s Jain Sales Corporation
                                                                    ...Petitioner
                                   Versus
Hari Chand
                                                                  ...Respondent

CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present:-    Mr. Kawalpreet Singh Virk, Advocate,
             for the petitioner.
                    *****
VIKAS SURI, J. (ORAL)

1. The plaintiff-petitioner, through this petition under Article 227

of the Constitution of India, seeks a direction to the Appellate Court below

to expeditiously dispose of the first appeal in a time bound manner.

2. The aforesaid prayer has been made in the backdrop that the

plaintiff-petitioner filed a suit on 16.07.2014 for recovery of Rs.17,97,975/-

along with interest. The said suit was decreed by the trial Court vide

judgment and decree dated 06.02.2018 for an amount of Rs.15,65,100/-

along with interest @ 9% per annum till the decision of the suit and @ 6%

per annum thereafter till realization.

2.2 Aggrieved by the said judgment and decree, the defendant-

respondent preferred an appeal before the first Appellate Court on

12.03.2018. The respondent did not even affix the ad valorem Court fee on

the memorandum of appeal, which was made good on 16.04.2018. After

temporary disruption of proceedings on account of global COVID-19

1 of 2

Neutral Citation No:=2024:PHHC:113974

pandemic, the physical hearings had re-commenced in March, 2021 and vide

order dated 02.03.2021, the appeal was deferred to 02.09.2021 for

arguments. Since then, the proceedings are being adjourned in a routine

manner. It is, thus, prayed that the appeal instituted in the year 2018 be

ordered to be heard and disposed of expeditiously in a time bound manner.

The petitioner has not been able to enjoy the fruits of the decree passed in

his favour due to the pendency of the appeal.

3. Heard learned counsel for the petitioner and perused the record.

4. A perusal of the record shows that the suit was instituted on

16.07.2014, which was decreed on 06.02.2018 in favour of the plaintiff-

petitioner and the defendant-respondent preferred an appeal thereagainst on

12.03.2018. Even after lapse of more than six years, the said appeal has not

been heard and is still pending.

5. In the peculiar circumstances, taking entirety of the matter into

consideration, to secure ends of justice, the instant petition is disposed of

with a direction to the learned Appellate Court below to expeditiously

dispose of the appeal, in accordance with law, preferably within a period of

six months from the date already fixed before it.

6. The revision petition is disposed of with above observations.

                                                    ( VIKAS SURI )
September 02, 2024                                      JUDGE
harish


         Whether speaking/reasoned         Yes/No

         Whether reportable                Yes/No




                                2 of 2