Citation : 2022 Latest Caselaw 2416 UK
Judgement Date : 2 August, 2022
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
02.08.2022
AO No. 51 of 2014
Hon'ble Sharad Kumar Sharma, J.
Mr. Mukesh Rawat, Advocate, holding brief of Mr. S.S. Chauhan, Advocate, for the appellants.
This Appeal from Order was decided by the coordinate Bench of this Court on 04.04.2019, whereby, while deciding the Appeal from Order, a direction was issued to the Court, who was ceased with the trial to decide the same within the period of one year from the date of the production of the certified copy of the order. Ever since 04.04.2019, the matter remain pending till the Time Extension Application No. 1155/2022 was filed by the then ADJ, Dehradun, seeking an extension of time, to comply the judgment dated 04.04.2019.
Being dissatisfied with the reasons, given in the extension application, yet the extension was granted for the present Presiding Officer, to decide the proceedings as contained in the order dated 07.07.2022, wherein an explanation was sought from the earlier Presiding Officer, as to what were the factors, which attributed to the delay in deciding the matter and non compliance of the directions issued by the judgment dated 04.04.2019.
In compliance of the order dated 07.07.2022, the Presiding Officer has submitted his explanation giving the reasons, as to under what unavoidable circumstances there was a delay in compliance of the judgment dated 04.04.2019, for deciding the matter as directed therein.
After having considered the explanation given and being satisfied with the same, the explanation is taken on record and the present Presiding Officer, who is now occupying the seat i.e. Mr. Rahul Garg, he is directed to ensure to decide the matter within the time period, as it has been provided by the extended order, which has been passed by this Court on 07.07.2022.
Subject to the aforesaid, the compliance affidavit filed by the Presiding Officer, is taken on record, and the explanation would be treated to be satisfactory qua the non-compliance of the judgment dated 04.04.2019.
But, however, the directions as given in the order dated 07.07.2022 would still continue to sustain to be complied, which was with a direction to the present Presiding Officer, to decide the matter within the time, as provided therein.
Subject to the aforesaid, the compliance affidavit is taken on record. No further orders are required to be passed on the same.
(Sharad Kumar Sharma, J.) 02.08.2022 Mahinder/
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