Supreme Court - Daily Orders
Saya Homes (P) Ltd. vs Sun Tower Residents Welfare ... on 23 August, 2021
Bench: Indira Banerjee, V. Ramasubramanian
ITEM NO.10 Court 7 (Video Conferencing) SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 1246/2021
(Arising out of impugned final judgment and order dated 08-06-2020
in D No. No. 11807/2020 passed by the Supreme Court Of India)
SAYA HOMES (P) LTD. Petitioner(s)
VERSUS
SUN TOWER RESIDENTS WELFARE ASSOCIATION Respondent(s)
(FOR ADMISSION and IA No.90381/2021-APPROPRIATE ORDERS/DIRECTIONS )
Date : 23-08-2021 This petition was called on for hearing today.
CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
For Petitioner(s) Mr. Nidhesh Gupta, Sr. Adv.
Mr. Himanshu Tyagi, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
This application has bee filed seeking orders for expeditious hearing of Writ Petition No. 59863/2015 (Sun Tower Residents Welfare Association vs. M/s. Saya Homes Pvt. Ltd.).
It appears that the writ petition had been heard, the hearing had been concluded and the writ petition had been reserved for judgment.
Signature Not Verified
However, the order reserving the writ petition for Digitally signed by SUNIL KUMAR Date: 2021.08.23 judgment was recalled after a long time and the same was placed for 15:42:59 IST Reason:
further hearing. Even thereafter, the matter was not heard expeditiously.2
In the circumstances, a Special Leave Petition was filed in this Court by the petitioner being SLP (C) Diary No. 11807/2020 which was disposed of vide order dated 08.06.2021, observing that it would be open for the petitioner to apply to the High Court for rehearing by way of virtual hearing or in the open Court in case the Court had started functioning regularly. This Court requested the High Court to decide the matter after re-hearing within a period of two months or as early as possible.
Ordinarily, this Court does not fix a short time limit for disposal of a writ petition by the High Court. This Court requested the High Court to decide the matter within a period of two months or as early as possible in the special circumstances of this case where hearing had been concluded and the order reserving the writ petition for judgment had been recalled, but even thereafter, the matter proceeded at a slow pace.
We are informed that after the aforesaid order dated 08.06.2021 was passed by this court, the Bench which had been hearing the writ petition after recalling the judgment released the writ petition, directing that the same should not be treated as heard in part by that Bench. Thereafter, the matter was taken up by another Bench and heard on day to day basis. When the hearing was at the final stage, the Division Bench broke by reason of change of roster and since the two Judges are sitting in separate Benches, the matter is not being taken up for hearing.
Having regard to the special circumstances of this case, we 3 request the Chief Justice of the High Court of Judicature at Allahabad to issue appropriate directions so that the Bench can be reconstituted and the matter can be heard on day to day basis and disposed of at the earliest, preferably within one month from date. The Miscellaneous Application is, accordingly, disposed of.
(GULSHAN KUMAR ARORA) (MATHEW ABRAHAM)
AR-CUM-PS COURT MASTER (NSH)