AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner herein, who is the appellant in CMA No.30/2019 and is aggrieved by the dismissal of I.A.No.2290/2018 in O.S.No.145/2018 has approached this Court for a direction to the lower appellate court for an expeditious disposal of the appeal. The grievance of the petitioner is that though substantial amount has been remitted, proceedings are being initiated by the Bank against him and he needs urgent interim orders.
Respondents 2 and 3, who have been served with notice, have appeared and opposed the application. Considering the limited prayer sought and the relief that is proposed to be granted, notice need not be issued to the 1st respondent.
Evidently, CMA is of the year 2019. Since this Court is not aware of the statistics regarding the pendency of cases before that court and considering the fact that the matter is of the year 2019, it may not be proper to give any direction to the court below for a time bound disposal of the appeal. However, I feel that there is no reason to believe why the court below will refrain from hearing the appeal itself or considering any interlocutory application therein, if any genuine grievance of the petitioner is placed before it.
Accordingly, I am inclined to dispose of the O.P.(C). itself with a direction that if the petitioner is able to convince the court below about the grounds for an expeditious disposal, the court below may take into consideration of the matter and give a priority consideration.
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SUIT OS NO.145/2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN IA.NO.2290/2018 IN OS 145/2018 DATED 26/02/2019.
EXHIBIT P3 TRUE COPY OF THE CMA NO.30/2019 BEFORE THE DISTRICT COURT, KOZHIKODE AGAINST THE DISMISSAL ORDER OF IA NO.2290 OF 2018 IN OS 145/2018.