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Synopsis

The Bombay High Court has recently observed that the issue of endless adjournments works against the interest of both the parties.

“Thus, looked from every angle, the situation of endless adjournments on such count, works against the interest of both the parties,” the order reads.

The division bench of the high court comprising Justice GS Kulkarni and Justice Somasekhar Sundaresan was hearing said that robotic approach was being taken by parties to file affidavits.

“Considering repeated instances of such robotic approach of endless adjournments being sought to file reply affidavits, henceforth we are inclined to take a strict view of the matter more particularly when the orders passed by the Court directing the State/respondents to file reply affidavit within specific timelines are not being complied, unless there is a valid justification and an appropriate application is made in that regard seeking extension of time. In the event there is no justification, we shall not permit the request either for an adjournment or to file reply affidavits except on payment of costs,” the order reads.

The Bombay High Court was hearing a matter filed by Sudhakar Patil against a collector, wherein affidavits were not filed and documents were not submitted despite an order passed over a year ago.

The bench allowed the City Industrial and Development Corporation (CIDCO) to file its affidavit, subject to a cost of ₹10,000.

The high court further observed that “We also have some doubt whether orders passed by the Court are informed to the concerned department, as in many cases such information is not being put up before the Court. The respondents cannot have an approach that the orders passed by this Court issuing such specific directions are rendered meaningless and the proceedings are to be listed only to be adjourned,” the order states.

The bench directed the order of the court be forwarded to the Government Pleader, Advocate General, and Assistant Government Pleader on the Appellate Side as well as Original Side, so that with the modern I.T. facilities being available, a circular can be issued prescribing an effective procedure regarding communication of court orders and a prompt action to file reply affidavits, can be devised, for the office of the learned Government Pleaders (AS & OS) and more particularly when there are court orders

Case title: Sudhakar Madhukar Patil vs The Collector Thane