TaxTMI 
TaxTMI 
TaxTMI 
2022 (12) TMI 1239
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.....A. No. 136063 of 2022 and I.A. No. 136061 of 2021) are allowed. 2. Leave granted. 3. In this appeal, essentially the grievance projected before us is that an application Under Order VII Rule 11 of the Code of Civil Procedure, 1908 ('CPC') moved in the Election Petition filed by the present Appellant in the High Court for Telangana at Hyderabad, was taken up for consideration after a considerable delay and, after a prolonged hearing, ultimately, the order was pronounced on 15.06.2022, purportedly allowing the application and rejecting the election petition filed by the present Appellant but then, the reasoned order allowing the application is not available as yet. 4. On the matter being taken up for consideration, learned Senior ....
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....parties filed written submissions in the first week of January, 2022; and then, the matter was listed again on 01.04.2022 and was re-reserved. It is pointed out that ultimately, the order was orally pronounced by the Hon'ble Judge on 15.06.2022 but, that had only been the pronouncement of the result and no reasoned order was supplied to the parties. It has also been submitted that even after more than three months, the reasoned order is still not available to the parties. 9. Dr. Singhvi, learned Senior Counsel has particularly referred to paragraph 10(v) of decision of this Court in the case of "Anil Rai v. State of Bihar" reported in (2001) 7 SCC 318; and paragraphs 30 and 31 of the Constitution Bench decision of this Court in the cas....
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....tted that the observations therein, essentially relating to the matters concerning violation of fundamental rights or other rights affecting human dignity cannot, as such, be applied to every case or every cause. The emphasis of the learned Counsel has been that in any case, no interference at this juncture is called for when the High Court has devoted time in hearing the application and has indeed pronounced the order, even if reasons are awaited. 12. Upon our expressing reservations in view of the peculiar nature of the position obtaining at present that even after pronouncement of the result on 15.06.2022, the reasons for the verdict are not forthcoming even until this time when this matter is being heard on 26th September, 2022; and ou....
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....alwandi's case (supra), the Constitution Bench of this Court has observed, while stating its expectation for appropriate compliance in the following expressions: 30. We would like to take this opportunity to point out that serious difficulties arise on account of the practice increasingly adopted by the High Courts, of pronouncing the final order without a reasoned judgment. It is desirable that the final order which the High Court intends to pass should not be announced until a reasoned judgment is ready for pronouncement. Suppose, for example, that a final order without a reasoned judgment is announced by the High Court that a house shall be demolished, or that the custody of a child shall be handed over to one par....
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....ught to be made by the learned Senior Counsel for the Respondents seeking to either distinguish the aforesaid decisions or to suggest that the said decisions are not directly applicable as precedents for the fact situation of the present case but, we are of the view that the guidelines and observations therein remain fundamental to the course of dispensation of justice in any cause before the Court and the principle set out therein need to be applied with necessary variation, as may be necessary in the given fact situation of any particular case. 19. In the present case, as indicated above, the position obtaining at present is that even after more than three months from pronouncement of the order by the High Court, the reasons are not fort....
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....s been observed and discussed hereinabove, we are clearly of the view that the order dated 15.06.2022, as said to have been passed by the High Court in disposal of the application Under Order VII Rule 11 Code of Civil Procedure, deserves to be disapproved only for the reason that even until this date, the reasons for the said order are not available with either of the parties nor are available on the website of the High Court nor the copy of the order has been supplied despite the parties having made the applications seeking certified copy of the order. 23. In the aforesaid view of the matter and in the peculiar circumstances and rather unsavory situation of the present case, we deem it appropriate, rather necessary, that the impugned orde....