Sukesh Jain And Another vs Unknown
2021 Latest Caselaw 833 UK

WPMS No. 564 of 2021
Hon'ble Sharad Kumar Sharma, J.

Mr. Tejas Agarwal, Advocate for the petitioners.

Mr. Ashish Joshi, Advocate for the respondents.

The petitioners before this Court are the plaintiffs in Original Suit No. 72 of 2019, Sukesh Jain and another Vs. Hero Moto. Corp. Ltd. and others. The Suit itself is said to have been instituted on 16th March, 2019, and the grievance of the petitioners is that despite of having filed the written statement, the issues to the proceedings of the Suit have not yet been framed by the learned Trial Court, due to which, they are unable to reap the benefit of the dividends, which has accrued on the shares, which was the relief sought by him in the Suit, in question, is for declaration.

In the Writ Petition, the petitioners have confined their prayer only to the effect that an appropriate direction may be issued to the Court of Civil Judge (Junior Division), Dehradun, ceased with the aforesaid proceedings of Suit No. 72 of 2019, Sukesh Jain and another Vs. Hero Moto. Corp. Ltd. and others, and to decide the same as expeditiously as possible; considering the age factors of the plaintiffs to the proceedings.

Since the plaintiffs are senior citizens and are litigating over the issues since 2019, and even as on date, even the issues have not been framed by the Trial Court, as informed by the learned counsel for the petitioners.

This Writ Petition is being disposed of with the request to the Civil Judge (Senior Division), Dehradun, to decide the aforesaid suit as expeditiously as possible, but not later than nine months from the date of production of the certified copy of this judgment.

Subject to the above, the Writ Petition stands disposed of.

(Sharad Kumar Sharma, J.) Dated 10.03.2021 Shiv