Supreme Court Expresses Displeasure At A Trial Court Adjourning Matter Despite Its Direction To Expedite Process

The Supreme Court, on Friday, expressed displeasure that the executing court (Additional District and Sessions Judge, 15th Court, Alipore) had adjourned a matter wherein the Apex Court had categorically directed it to conduct the hearing in the execution proceedings on a day to day basis. It observed that caution should be exercised and it should be ensured that the intent of the Apex Court expressed through its orders is given full effect to.

“We would only like to say that the Ld. Judge should be cautious in ensuring that the orders of this Court are complied with after understanding the same. The matter had been kept before this court to monitor and ensure that the execution proceeding comes to an end and not that the concerned judge should be adjourning matters…”

On 03.02.2023, the Apex Court had directed the executing court to take up the petition on a day to day basis. The Counsel appearing on behalf of the petitioner submitted that when the order dated 03.02.2023 was brought to the notice of the executing court, it adjourned the hearing till 31.03.2023, awaiting the outcome of the Special Leave Petition.

Hearing the Counsel, Justice Sanjay Kishan Kaul reckoned,“I don’t know why they cannot understand simple orders. What can I say?”

A Bench comprising Justice Kaul and Justice Ahsanuddin Amanullah was perturbed that even after considering the order of 03.02.2023, which clearly mentions that the execution proceedings is to take place on a regular basis, the executing judge had adjourned the hearing.

“It is quite obvious to us that the Court has not even understood the purport of the order dated 03.02.2023 after noticing the same.”

It further noted -

“In terms of that order we had asked the executing proceedings to go on day to day. Instead of taking it day to day an excuse has been set out that the matter is pending before the Supreme Court!”

In the present case an award was affirmed in an execution about four years ago, but the execution petition is pending till date. On a previous occasion, the Registrar of the Calcutta High Court was called upon to obtain a report from the trial Judge about the progress in the case and the reason why the execution petition, which was instituted on 12.11.2018 is still pending after four and a half years.

Some of the reasons for delay provided in the compliance report sent by the Additional District and Sessions Judge, 15th Court, Alipore was that on fifteen occasions the hearing could not be taken up due to a strike called by the Local Bar Association; DHR and JDR sought adjournment on six dates; transfer of presiding officer. Considering the same, the Apex Court had remarked -

“… (it) makes a sad reading of how execution proceedings are being obstructed on one pretext or the other apart from the fact that the local Bar is complicit in calling for strike at the drop of a hat!”

According, on the last date of hearing, the Apex Court had directed the Registrar of the Calcutta High Court to inform the Chief Justice for taking necessary steps so that a Judge is in place in the Court in question and the execution petition is taken up on a day to day basis. It had also clarified that no resolution of the Bar Association or strike would impede the hearing.

[Case Title: Nirmal Kumar Khemka And Anr. v. M/s. J.J. Grihanirman Pvt. Ltd. And Anr. SLP(C) No. 2804-10/2023