Early hearing application & chamber hearing
V.N.K. MENON
(Querist) 25 January 2014
This query is : Resolved
Early hearing application & CHAMBER HEARING
Author : V.N.K. MENON
Posted about an hour ago
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dear learned experts,
I had submitted an application for early hearing to single bench High court, earlier which was dismissed. Against this I filed the present LPA. LPA was disposed off with an advice to approach the Single Bench.
Opinion of ld. experts/ lawyers is requested as to under what law / route should I "approach the learned Single Judge with a prayer for early hearing" as stated in the order.
To facilitate transparency in the matter I am quoting below the order:
QUOTE
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CORAM:
HON'BLE MS. JUSTICE GITA MITTAL
HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R
13.12.2013
CAV 1058/2013
The respondents are represented on an advance notice. The caveat petition of Resoindent is discharged.
LPA 897/2013 and CM Nos.18778-79/2013
The petitioner is aggrieved by the order dated 25th October, 2013 whereby his prayer for early hearing made by CM No.14438/2013 in WP(C)No.17471/2006 has been rejected.
In our view, this appeal is misconceived.
LPA 897/2013 Page 1 of 2
The appellant makes a grievance that he is aged about 61 years of age and is gravely suffering on account of pendency of the writ petition. It is submitted that the matter was initiated under the Industrial Disputes Act in the year 2006.
It shall be open to the petitioner to approach the learned Single Judge with a prayer for early hearing and for the learned Single Judge to pass appropriate orders as are deemed fit and appropriate in the facts and circumstances of this case.
The appeal and applications are disposed of in the above terms.
GITA MITTAL, J
DEEPA SHARMA, J
DECEMBER 13, 2013
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Expert : Dr J C Vashista 9891152939
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Posted about 9 hours ago.
Apply again giving sufficient grounds for early hearing of the case,although it is discretion of the Court.
Expert : Devajyoti Barman
PRO CHAT CALL
LPA does not lie from order of that nature.
You can file another application for fresh looking of your prayer for expeditious trial. File that application under Article 227 of Constitution or u/s 482 of crpc.
Expert : Adv. Chandrasekhar
PRO CHAT CALL
Posted about 8 hours ago Under Section 151 CPC read with S.10(2A) of Industrial Disputes Act, 1947. Also find out that various HC framed the rules for early disposal of cases related to senior citizens and quote them also along with your application. Your application must bear strong, cogent and germane reasons that why you should be given preferential treatment to the large backlog lying in the court's cold store rooms after rule nisi is issued. The Section 10(2A) provision says that individual termination cases have to be disposed off within 3 months from the date of reference. Even though this rule is not applicable for writ jurisdiction, it may goad the HC to bestow its mercy on you.
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Expert : T. Kalaiselvan, Advocate
PRO CHAT CALL
So the order is very clear that you have an option to approach a single judge seeking desired relief. As per the order you have approached the high court with an appeal against the rejection of an advance hearing petition only and also the original matter seems to be related to Industrial Disputes Act and not a session case as wrongly quoted. What is further relief you need now once your appeal has already been dismissed and show you another path in the said order itself.
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Thank you experts, especially Mr. Chandershakhar and Mr. Kalaiselvan. The matter was admitted on 24th Jan and has been listed for 3rd Feb, thanks for your valuable guidance.
Alongwith the application for early hearing with cogent/germane reasons; I had also submitted an application u/s 151 CPC for chamber hearing due to hardness of hearing and difficulty hearing from a distance in the open court.
Is the route taken in the right direction or any thing has to be done further.
I shall be much thankful for your valued opinion.
Regards.
ajay sethi
(Expert) 25 January 2014
repeated query
R.K Nanda
(Expert) 25 January 2014
repeated query.
