2023 (1) TMI 449

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...., MEMBER (JUDICIAL) Shri D.R. Gadekar, Consultant, for the Appellant Shri Deepak Bhilegaonkar, Additional Commissioner, Authorised Representative for the Respondent ORDER These appeals have been listed for hearing on many occasions earlier, i.e. 13.10.2021, 18.01.2022, 24.03.2022, 04.08.2022 and 09.11.2022. On these occasions either the appellants have sought adjournment or none appeared. On 18.01.2022 the Bench observed as follows:- "The matter is adjourned to 24.03.2022 as a last chance at the request of appellants." 1.2 On 24.03.2022 counsel appeared and sought adjournment and the matter was adjourned to 04.07.2022. On 04.07.2022 there was no court and the matter was fixed for hearing on 04.08.2022 when none appea....

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.... argue the matter, but he has expressed his inability to do so. 3.1 In a similar situation Hon'ble Apex Court has in case of Ram Siromani Tripathi, held as follows while dismissing the appeal. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 9142-9144 OF 2010 RAM SIROMANI TRIPATHI & ORS. ...............................................APPELLANT(S) VERSUS STATE OF U.P. & ORS. ................................................................RESPONDENT(S) WITH CIVIL APPEAL NO. 6156 OF 2012 ORDER Mr. R.K. Ojha, learned counsel appears on behalf of the counsel for the appellants and submits that the learned counsel for the appellants ....

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....n the trust and confidence of the litigants in the justice delivery system. Many a times, the task of adjournments is used to kill Justice. Repeated adjournments break the back of the litigants. The courts are enjoying upon to perform their duties with the object of strengthening the confidence of common man in the institution entrusted with the administration of the justice. Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged. Therefore the courts shall not grant the adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice. The courts have to be diligence and take timely action in order to usher in efficient ....

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....adjournment culture so that confidence and trust put by the litigants in the Justice delivery system is not shaken and Rule of Law is maintained. 5.6 In view of the above and for the reasons stated above and considering the fact that in the present case ten times adjournments were given between 2015 to 2019 and twice the orders were passed granting time for cross examination as a last chance and that too at one point of time even a cost was also imposed and even thereafter also when lastly the High Court passed an order with extending the time it was specifically mentioned that no further time shall be extended and/or granted still the petitioner - defendant never availed of the liberty and the grace shown. In fact it can be said t....