Early hearing application
V.N.K. MENON
(Querist) 08 January 2014
This query is : Resolved
dear learned experts,
I had submitted an application for early hearing to single bench 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
UNQUOTE
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s
Dr J C Vashista
(Expert) 09 January 2014
Apply again giving sufficient grounds for early hearing of the case,although it is discretion of the Court.
Devajyoti Barman
(Expert) 09 January 2014
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.
Rajendra K Goyal
(Expert) 09 January 2014
well advised by the experts, agree to it.
Adv. Chandrasekhar
(Expert) 09 January 2014
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.
T. Kalaiselvan, Advocate 
(Expert) 12 January 2014
