• Only 3 hearings in Delhi High court over 4 years. Respondents just drag etc.

Our WPC in Delhi High Court is moving at snail pace.

Matter has been listed 13 times, adjournment sought by the respondents 6 time, no time left 4 times and matter heard only 3 times. 

It is a simple matter, how to have the decision expedited. Thanks
Asked 4 years ago in Civil Law

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37 Answers

See you can file an early hearing application if there is no date given in case there is date mention before court and seek priority in matter there is no way lut.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) object to adjournments being sought by respondents 

 

2) insist on payment of costs for adjournment 

Ajay Sethi
Advocate, Mumbai
90341 Answers
6612 Consultations

5.0 on 5.0

Dear Sir, kindly find an application for early hearing and showing urgency in a writ petition.a writ petition cant remain Pennington long.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

It depends on your advocate when the matter is listed before the honorable High Court to present it and ask for disposal of the matter.  Normally high court do not allow these kind of practices to hold the case for too long this can only happen when both the advocates do you agree for this

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Get this matter expedited by approaching the Supreme Court under Article 136. 

Mohammed Mujeeb
Advocate, Hyderabad
19279 Answers
32 Consultations

4.7 on 5.0

Move an application for early disposal. Ask your lawyer to do effective pairvi in this matter. If there's an urgency,he must make a mention before the Court so that the matter is decided expeditiously.

Vibhanshu Srivastava
Advocate, Lucknow
9445 Answers
263 Consultations

5.0 on 5.0

1. ell, I wonder why this writ petition took so much of time.

2. Due to heavy workload unless your advocate remains pro active and gets the matter listed regularly the hearing gets dragged with no end.

3. So ask him to mention the matter once again in court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
424 Consultations

5.0 on 5.0

Sir 

You can move an application for early hearing through your counsel.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Kindly hire a good lawyer before that bench and your work will be done. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

You need to mention it as state the urgency

Prashant Nayak
Advocate, Mumbai
28979 Answers
109 Consultations

4.1 on 5.0

That is how it works 

Only in cases of extreme urgency, the party can have the matter listed on board out of turn and take a hearing

The urgency shown has to be genuine

Yusuf Rampurawala
Advocate, Mumbai. E: adv.yusuf.rampurawala@gmail.com
7110 Answers
79 Consultations

5.0 on 5.0

object the adjournment and pray the court to charge a cost for adjournment 

Suneel Moudgil
Advocate, Panipat
2372 Answers
6 Consultations

4.7 on 5.0

1. What is the prayer made in the writ petition?

2. If there is unmistakable urgency in the writ petition then you can file an application for early listing of the case.

3. Delay is a part and parcel of the judicial system, which has to be accepted. The HC would not fast track one case at the altar of slow tracking thousands of other cases unless there is inherent urgency in the petition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

An application for expeditious hearing must be filed in the hc. The court shall list the matter in case it finds it fit to be listed urgently.

A listing application and some follow up is required in this. 

The advocate clerk can help you out in this.

Regards 

Rahul Mishra
Advocate, Lucknow
13966 Answers
65 Consultations

5.0 on 5.0

Dear Sir, in that scenario urgently mention the matter before the bench and file an application for early hearing highlighting the issue of respondent not answering to court's query. 

They may not be liable for contempt at this point in time since in absence of any specific direction by the court with respect to a time frame, they are least likely to be contemptuous in their actions. We need to check the order as well

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

If respondents don’t file reply in writ petition it does not amount to contempt of court 

 

court can proceed with hearing of writ in absence of reply by respondents 

Ajay Sethi
Advocate, Mumbai
90341 Answers
6612 Consultations

5.0 on 5.0

No, it is not contempt of court. Bu this would help you at the time of final adjudication of the case.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
424 Consultations

5.0 on 5.0

A listing application must be filed and when the case comes up for hearing it must be stated that the answering respondents have not replied to the writ petition and hence have forfeited their rights and hence this case should be proceeded ex parte.

No this is not contempt.

Regards 

Rahul Mishra
Advocate, Lucknow
13966 Answers
65 Consultations

5.0 on 5.0

1. This is not contempt.

2. If the respondents have not filed their reply then their right to reply can be closed by the order of the court, but for this to happen the matter has to be listed before the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You need to raise this point during hearing and bring before court.  Court will decide whether it is contempt of not and suo moto take cognisance

Prashant Nayak
Advocate, Mumbai
28979 Answers
109 Consultations

4.1 on 5.0

See if they have not filed the reply it is not contempt there right to respond to same shall be closed and high court without listing there side can pass order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See there is no conspiracy in this the matters are.listed year and matter type wise in priority before the court.

If there is urgency site same before court seek priority further matter admitted after you can be high in priority based on matter type.


If there is any irregularity by court staff mention same before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your lawyer has to manage to have the case placed high on board 

Ajay Sethi
Advocate, Mumbai
90341 Answers
6612 Consultations

5.0 on 5.0

The case should be mentioned even after being listed in the cause list before the concerned judge. He will hear it before taking the regular list.... out of turn.

Regards

Rahul Mishra
Advocate, Lucknow
13966 Answers
65 Consultations

5.0 on 5.0

for that purpose I need to contact you and then we can decide the course of action.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

There is no system of listing matter of less urgency.

So your matter once sited should appear with other writ petitions as well.

To avoid malpractice mention the matter before the court.

 

 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
424 Consultations

5.0 on 5.0

You can follow it up through your advocate who can take steps to get the writ petition disposed in the next hearing by using his influence  or following the procedures on the long pending cases.

T Kalaiselvan
Advocate, Vellore
80511 Answers
1729 Consultations

5.0 on 5.0

Non filing of counter by the respondent cannot be considered as contempt of court.

The court may decide to to set the respondent exparte and a decision may be passed on the merits of the petition without the respondent getting a chance to explain their stand and objections to this.

T Kalaiselvan
Advocate, Vellore
80511 Answers
1729 Consultations

5.0 on 5.0

You can make a representation before the registrar of the high court in this regard with expression  about the case not reaching on each and date of listing and seek the same to be posted in the next  list within the reachable number.

This may sometimes work but you may ask your advocate to represent you before the registrar in this regard 

T Kalaiselvan
Advocate, Vellore
80511 Answers
1729 Consultations

5.0 on 5.0

1) it is always advisable to engage legal counsel to appear on your wife behalf 

 

2) don’t appear in person 

Ajay Sethi
Advocate, Mumbai
90341 Answers
6612 Consultations

5.0 on 5.0

1. See wither wife can give you power of attorney to contest on her behalf but it would be better if Advocate is engaged by her. 

If you are effected party you can file separate petition on your behalf.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It can ve pursued by legal counsel

Prashant Nayak
Advocate, Mumbai
28979 Answers
109 Consultations

4.1 on 5.0

Take strong objection if the respondent prays for adjournment, also pray the court for levying a cost for adjournment. You can also make an application for early hearing by showing urgency in the matter. 

Rajkumar Tiwari
Advocate, Vasai Virar
7 Answers

Not rated

1. The petitioner or her counsel can pursue the matter, no doubt you can follow it up through the counsel on behalf of your wife/petitioner.

2. Why do you ask this question?

What is the evidence law doing here?

 

T Kalaiselvan
Advocate, Vellore
80511 Answers
1729 Consultations

5.0 on 5.0

1. If the case is listed very low down on the board then utmost which your counsel can do is make a mention when the court sits or 30 minutes before the rising of the court.

2. From what you have disclosed, there is no urgency in the writ petition. There must be thousands of writ petitions with far more serious prayers pending in the HC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Your wife is the petitioner, so she alone has to pursue the matter through her counsel.

2. Estoppel does not apply here.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The aggrieved can only pursue the case through a lawyer. Yes the law of estoppel applies to writ petitions.

Regards 

Rahul Mishra
Advocate, Lucknow
13966 Answers
65 Consultations

5.0 on 5.0

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