Asian Resurfacing | SC's Direction To Not Summon Original Records Applies Only To Pending Cases: Allahabad HC Summons Original Records

The Allahabad High Court has recently held that the direction of the Supreme Court in Asian Resurfacing of Road Agency P. Ltd. And Anr. vs. Central Bureau of Investigation (2018) regarding summoning of lower court records applies only to pending cases. The Court held that the direction to file copies of pending cases was to avoid delay in proceedings of the lower court.

Justice Ajay Bhanot held that the direction to not summon original records does not cover the proceedings which have been concluded by the lower court.

“The intent of the order dated 25.04.2018 rendered by the Supreme Court in Asian Resurfacing (supra) is clearly to ensure that cases in which proceedings are pending before the trial courts do not come to a stand still after original records are transmitted to the High Court. However, in cases where the proceedings before the trial courts have concluded, and the order of the trial court is taken in appeal to the High Court, the same directions are not intended to apply.”

In an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, photostat copies of the record of the lower court were produced before the Court. On inquiry, the Registry of the Allahabad High Court informed Justice Bhanot that original records were not being summoned considering the decision of the Supreme Court in Asian Resurfacing.

The Court observed that appeal is a continuation of the original proceedings. Accordingly, once proceedings in appeals have come to an end before the lower court and are being contested before the High Court, the original records become necessary for adjudication of such proceedings.

“In such matters, after termination of the lis before the trial court, the entire proceedings are transmitted to the higher forum. The High Court cannot decide such matters in the absence of original records. Appeals under Section 37 of the Arbitration and Conciliation Act, 1996 is one such category of appeals where proceedings before the trial courts have terminated. Hence, original records are liable to be summoned from the court below.”

The Court held that the Registry had adopted an erroneous interpretation of the direction issued by the Supreme Court in Asian Resurfacing. Accordingly, the Court directed the registry to summon records of the trial courts in all those matters where proceedings before the trial court have terminated and final order passed by the trial court is assailed before the High Court.

Case Title: National Highways Authority Of India vs. Smt. Sudha And 3 Others 2023 LiveLaw (AB) 475 [Appeal Under Section 37 Of Arbitration And Conciliation Act 1996 No. - 378 of 2023]

Citation: 2023 LiveLaw (AB) 475

Counsel for Appellant: Pranjal Mehrotra

Counsel for Respondent: Ajay Singh, Abhishek Kulshrestha

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