The Madhya Pradesh High Court expressed serious concern over the repeated non-compliance of the Municipal Corporation, Gwalior, in court proceedings and directed stringent conditions for further extension, highlighting the importance of respect for judicial processes and timely compliance.
The matter arose in a review petition where the applicant sought service of notice on respondent No.1, who appeared to be avoiding receipt of notice. The applicant requested the Court to permit substituted service by publication under Order 5 Rule 20 of the Code of Civil Procedure (CPC). Despite clear directions, the Municipal Corporation, Gwalior, failed to file the requisite application within the stipulated time, demonstrating disregard for the Court’s proceedings.
Counsel for the applicant contended that the Municipal Corporation had not acted despite being well within proximity of the High Court and requested additional time to comply. The Court, however, observed that judicial time cannot be adjourned merely for the convenience of the parties and noted that failure to file an application after a month’s delay warranted consequences.
The Court noted, verbatim, that “Looking to the fact that Municipal Corporation, Gwalior, has shown total disregard to the Court proceedings, further time can be granted only on payment of cost of Rs.25,000/- to be deposited by the O.I.C. from his own pocket, which shall not be reimbursable by the State.” The Bench emphasized that non-compliance would lead to automatic dismissal of the review petition without any reference to the Court.
In conclusion, the Court allowed further time for filing the application under Order 5 Rule 20 CPC only on the strict condition that the cost is deposited in the Registry of the Court by the specified date. Failure to comply with either requirement will result in dismissal of the petition. The matter is listed for further orders on 13.10.2025.
Case Title: Municipal Corporation Gwalior Thr. Vs. M/s Gleg Engineers Pvt. Ltd. Thr. and Ors.
Case No.: RP No. 1079 of 2018
Coram: Justice G.S Ahluwalia
Advocate for Petitioner: Adv. Parth Dixit
Advocate for Respondent: None
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