Bench:
Dipak Mishra, RF Nariman, JJ.
Issue:
Whether a party can seek unlimited adjournment?
Facts:
- Defendant, to abuse the court process, had sought the adjournment of the proceedings.
- Repeated and deliberate act of adjournment was done against the Petitioner and the Court to defeat the purpose of the law
Appellant’s Contentions:
- Defendant has right to seek adjournment with valid reasons
- Reasons mentioned are valid and not fictious.
Respondent’s Contentions:
Gave reference of cases such as KK Velusamy, Lalit Bagai etc.
Final Decision:
The Court stated that the Defendant-Petitioner has acted in a manner to cause colossal insult to justice and to the concept of speedy disposal of civil litigation. We are constrained to say the virus of seeking adjournment has to be controlled. The saying of Gita "Awake! Arise! Oh Partha" is apt here to be stated for guidance of trial courts. In view of the aforesaid analysis, we decline to entertain the special leave petition and dismiss it.
