TaxTMI 
TaxTMI 
2023 (9) TMI 1135
X X X X Extracts X X X X
X X X X Extracts X X X X
....us Application is for restoration of the appeal dismissed for non-prosecution by Final Order No.72187/2018 dated 13.09.2018. It stands mentioned in the application that the hearing notice was received by the appellant on 12.09.2018, fixing the date of hearing as on 13.09.2018 and as such it was not possible for the appellant to honour the date of hearing. 2. In view of the foregoing explanation I recall the final order, allow the ROM Application and restore the appeal to its original number. The appeal shall be listed for final disposal in due course." 3. The matter was listed for hearing on 18.07.2023 when again the appellant chose not to appear. However in the interest of justice matter was adjourned for today i.e. 22.09.2023 while adjourning Bench observed as follows:- "None appeared on behalf of the appellant, the hearing of the appeal is adjourned in the interest of justice. List on 22/09/2023. Issue notice to the appellant." 4. Notice for hearing was issued to the appellant and the counsel on record in the matter from that tracking receipt of the speed post it is observed that the notice was delivered on 31.07.2023 to the counsel on record and the copy....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ommunication has been made by the appellant/ appellant's counsel. 8. In case of Ishwarlal Mali Rathod [Order dated September 20, 2021 in Special Leave Petition (Civil) Nos.1411714118 of 2021] condemning the practice of adjournments sought mechanically and allowed by the courts/ Tribunal's Hon'ble Supreme Court has observed as follows:- "1. Present is the classic example of misuse of the adjournments granted by the court. Present SLPs have been preferred challenging the impugned order dated 17.02.2021 passed by the High Court of Madhya Pradesh, Bench at Indore in M.P. No.107 of 2021 and M.P. No.108 of 2021 by which the High Court has dismissed the said misc. petition preferred by the petitioner - original defendant, confirming the order passed by the learned Trial Court dated 21.12.2020 closing the right to cross-examine the plaintiff's witness. ... 4. As observed hereinabove, present is a classic example of misuse of adjournments granted by the court. It is to be noted that the respondents herein - original plaintiffs filed the suit for eviction, arrears of rent and mesne profit as far as back in the year 2013. That thereafter despite the repeated adjo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....y, the litigant public may lose faith in the system sooner than later. The courts, particularly trial courts, must ensure that on every date of hearing, effective progress takes place in the suit. 16. No litigant has a right to abuse the procedure provided in CPC. Adjournments have grown like cancer corroding the entire body of justice delivery system. 17.... A party to the suit is not at liberty to proceed with the trial at its leisure and pleasure and has no right to determine when the evidence would be let in by it or the matter should be heard. The parties to a suit-whether the plaintiff or the defendant-must cooperate with the court in ensuring the effective work on the date of hearing for which the matter has been fixed. If they don't, they do so at their own peril." 5.2 Commenting on the delay in the justicedelivery system, although in respect of the criminal trial, Krishna Iyer, J. in the case of Babu Singh v. State of U.P. (1978) 1 SCC 579 has observed in paragraph 4 as under:" 4. ... Our justice system, even in grave cases, suffers from slow motion syndrome which is lethal to 'fair trial', whatever the ultimate decision. Speedy just....
X X X X Extracts X X X X
X X X X Extracts X X X X
....laid on individual institutionalism and collective institutionalism of an adjudicator while administering justice. It can be stated without any fear of contradiction that the collective collegiality can never be regarded as an alien concept to speedy dispensation of justice. That is the hallmark of duty, and that is the real measure. 12. The proceedings in the second appeal before the High Court, if we allow ourselves to say so, epitomises the corrosive effect that adjournments can have on a litigation and how a lis can get entangled in the tentacles of an octopus. The philosophy of justice, the role of a lawyer and the court, the obligation of a litigant and all legislative commands, the nobility of the Bench and the Bar, the ability and efficiency of all concerned and ultimately the divinity of law are likely to make way for apathy and indifference when delay of the present nature takes place, for procrastination on the part of anyone destroys the values of life and creates a catastrophic turbulence in the sanctity of law. The virtues of adjudication cannot be allowed to be paralysed by adjournments and nondemonstration of due diligence to deal with the matter. One canno....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the lawyers, Nizer Louis had put thus: "I consider it a lawyer's task to bring calm and confidence to the distressed client. Almost everyone who comes to a law office is emotionally affected by a problem. It is only a matter of degree and of the client's inner resources to withstand the pressure." [ Nizer Louis, My Life in Court (Doubleday & Co. Inc., New York 1961), p. 213] A few lines from the illustrious Justice Frankfurter is fruitful to recapitulate: "I think a person who throughout his life is nothing but a practising lawyer fulfils a very great and essential function in the life of society. Think of the responsibilities on the one hand, and the satisfaction on the other, to be a lawyer in the true sense." [ Felix Frankfurter, "Proceedings in Honor of Mr. Justice Frankfurter and Distinguished Allumni, Occasional Pamphlet No. 3" (Harvard Law School, Cambridge, 1960), pp. 45] 28. In a democratic setup, intrinsic and embedded faith in the adjudicatory system is of seminal and pivotal concern. Delay gradually declines the citizenry faith in the system. It is the faith and faith alone that keeps the system alive. It provides oxygen constantly. Fr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ffording an opportunity to the advocate. If he has any justifiable cause the court can certainly absolve him from such a liability." Be it noted, though the said passage was stated in the context of strike by the lawyers, yet it has its accent on nonappearance by a counsel in the court. 18. In this context, we may refer to the pronouncement in Pandurang Dattatraya Khandekar v. Bar Council of Maharashtra [(1984) 2 SCC 556 : 1984 SCC (Cri) 335] , wherein the Court observed that : (SCC p. 563, para 9) "9. ... An advocate stands in a loco parentis towards the litigants and it therefore follows that the client is entitled to receive disinterested, sincere and honest treatment especially where the client approaches the advocate for succour in times of need." 19. In Lt. Col. S.J. Chaudhary v. State (Delhi Admn.) [(1984) 1 SCC 722 : 1984 SCC (Cri) 163 : AIR 1984 SC 618] , a threeJudge Bench, while dealing with the role of an advocate in a criminal trial, has observed as follows : (SCC pp. 72324, para 3) "3. We are unable to appreciate the difficulty said to be experienced by the petitioner. It is stated that his advocate is finding it difficult ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....that lawyers are the officers of the court in the administration of justice. 22. In R.K. Garg v. State of H.P. [(1981) 3 SCC 166 : 1981 SCC (Cri) 663] , Chandrachud, C.J., speaking for the Court pertaining to the relationship between the Bench and the Bar, opined thus : (SCC p. 170, para 9) "9. ... the Bar and the Bench are an integral part of the same mechanism which administers justice to the people. Many members of the Bench are drawn from the Bar and their past association is a source of inspiration and pride to them. It ought to be a matter of equal pride to the Bar. It is unquestionably true that courtesy breeds courtesy and just as charity has to begin at home, courtesy must begin with the Judge. A discourteous Judge is like an illtuned instrument in the setting of a courtroom. But members of the Bar will do well to remember that such flagrant violations of professional ethics and cultured conduct will only result in the ultimate destruction of a system without which no democracy can survive." 5.5 Today the judiciary and the justice delivery system is facing acute problem of delay which ultimately affects the right of the litigant to access to just....