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Getting Slot For Hearing Is Very Valuable, Advocates Must Make Use Of It: Supreme Court On Adjournments
Mehal Jain
6 July 2021 6:02 PM IST
Supreme Court on Tuesday urged that since procuring a slot for hearing is hard in the present times, on account of shortage of judges and other factors, lawyers must make use of the opportunity when their matters are listed and come up for hearing and not seek adjournments if they can help it.The bench of Justices Chandrachud and M. R. Shah was scheduled to hear a 2019 SLP arising out of a...
Supreme Court on Tuesday urged that since procuring a slot for hearing is hard in the present times, on account of shortage of judges and other factors, lawyers must make use of the opportunity when their matters are listed and come up for hearing and not seek adjournments if they can help it.
The bench of Justices Chandrachud and M. R. Shah was scheduled to hear a 2019 SLP arising out of a 2018 decision of the NCDRC in a builder-buyer dispute, whereby the NCDRC had upheld the 2016 order of the Punjab SCDRC directing that if the possession is not given after obtaining the completion certificate within six months, then the deposited amount will be refunded along with interest @ 12% p.a. However, the Supreme Court had stayed the execution proceedings before the Punjab SCDRC.
When the matter came up on the docket on Tuesday, the bench was informed that the advocate who was to appear for the sole respondent, the homebuyer, is not available as his mother has passed away and a prayer for adjournment was made. "Where is the AOR? He could argue the matter?", asked Justice Chandrachud. The bench was told that the aforementioned advocate also happened to be the AOR."Is there anyone else who could argue this matter today itself? It is a 2019 matter. We have had 1,700 such matters listed before us so that they can be heard...Getting a slot for hearing is so hard today. We are short of judges. Normally, we are very liberal where there is a personal reason (for seeking adjournment), but being able to get a slot for hearing is very valuable today. You must make use of it", said Justice Chandrachud.
"...And we were in Court till 5 PM yesterday and we still read some 30 matters listed today overnight. Please look at our hardship also", continued the judge.
When another advocate, who was present on behalf of the respondent, agreed to argue but sought time to file the counter-affidavit, the bench refused, saying that the SLP being of 2019, it is now to be argued on the basis of the record of the case.
Ultimately, the bench heard the advocates for both parties and disposed off the matter.
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