Whether unexplained delay in pronouncing judgment has causal effect of defeating justice? Plea in Supreme Court

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A petition has been filed in the Supreme Court challenging an order of the Bombay High Court in which the High Court had reserved a judgment on August 17, 2021, however, the judgment has not been pronounced to date even after the expiry of 8 months.

The plea has raised substantial questions of law:

  • Whether the unexplained delay of more than eight months in the pronouncement of the judgment/final order by the Hon’ble High Court is in breach of the guidelines laid down in the judgment of this Hon’ble Court in the case of ‘Anil Rai vs. St. of Bihar’ reported in (2001) 7 SCC 318?
  • Whether the protraction in disposing of the application filed by the petitioner seeking pronouncement of judgment in the said Writ Petition before the Hon’ble High Court has the causal effect of defeating the purpose of the judicial process and justice delivery system?

The plea has been filed invoking the jurisdiction of the apex Court under Article 136 of Constitution of India to seek remedy against the alleged grave delay in delivery of the judgment by the Bombay High Court in the case titled ‘Prateek Pradeep Agrawal Vs. Union of India & Ors.’ pending before the High Court for a final judgment to be passed in the matter since August 17, 2021.

It has been alleged that despite the expiry of more than eight months since the Impugned Order and two months since filing of the IA for pronouncement of early judgment and consistent efforts made by the petitioner to mention the matter, the said Writ Petition is not listed for the pronouncement of the judgment till date. There is no listing date for the IA as well.

The plea has submitted that the delay on part of the High Court has a direct bearing on the Petitioner as he has paid the consideration of Rs.77,00,00,000/- in full towards the sale of the Subject Property, however, he has been unable to undertake registration of the Sale Certificate in his favor and also unable to pay the stamp duty on the same on the account.