M/S Agrwal Containers Pvt Ltd And ANR v. Suresh J Bajaj And ANR

2024:BHC-AS:39950 27 Wp-13343-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 13343 OF 2024 M/S Agrwal Containers Pvt.

Ltd. And Anr.

...Petitioners

vs.

Suresh J Bajaj And Anr

...Respondents

***** Adv. Hitesh Vyas a/w Adv. Rasik Raut Advocate for the Petitioners ***** CORAM :

S. M. MODAK, J.

DATE :

07th OCTOBER 2024 P. C. :- 1.

Heard learned Advocate for the Petitioners/Defendants. 2.

The Court of the Joint Civil Judge, Senior Division, Pune on 05.04.2019 rejected three applications filed by the PlaintiffsRespondents at Exh. Nos. 67, 68 and 72. At the same time matter was expedited. Thereafter, various directions are issued by the trial Court to the Plaintiff. They are as follows:- (i) The Order dated 07.12.2020 directing the Plaintiff to proceed for further chief examination by exhibiting the documents.

(ii) There is further Order dated 07.12.2020 expressing the Seema 1/2

27 Wp-13343-2024.doc apprehension that the Court is supporting the defendants. (iii) The Order dated 14.12.2020 wherein the Plaintiff has tried to put pressure on the trial Court.

3.

That is why this petition is filed for issuing directions to expedite hearing of the suit. Report was called. Learned Principal District Judge as per letter dated 26.09.2024 informed that the Judge seized of the matter was on leave and hence status report could not be forwarded. Thereafter, there is no report. The issue involved is very narrow. When the trial Court itself has expedited the suit, the same direction can be given by this Court also. Notice is not issued to the RespondentPlaintiff. 4.

I am inclined to pass the Order. There is no need to hear the Plaintiff because prayer is limited. If the suit is expedited, the Plaintiff is not going to cause prejudice. Hence order:-

ORDER

(i) The Writ Petition is allowed in terms of prayer clause 'a'. (ii) The trial Court to decide the suit as early as possible. 5.

Writ Petition is disposed of.

[S. M. MODAK, J.] Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 09/10/2024 11:39:09 Seema 2/2