Hi Guys,
Being a litigant for over 3 years now and after getting concurrent favorable judgement in trial and first appeal, I am in a fix over the issue of timeliness of filing appeals and removal of defects thereby in the Apex court. I have filed contempt petition in the trial court for over 5 months now but respondents are deliberately delaying the proceedings by taking excuse of filing the appeal with the Apex court. They have sought 3 adjournments for this very purpose. They have successfully secured the diary number to show in contempt but left defects unattended. 40 days have elapsed since they have got the diary number. Trial Court view is that it is in the best interest of justice that order gets scrutinized by the Apex Court, hence they are more than liberal in granting adjournments and requesting them to file an appeal at the earliest. My question: when is the right time for trial court to interfere and ask for the compliance? Does the right of opposite party gets infringed if they comply with the order and then file the appeal at their own time? Time limitation of 28 days for curing defects does actually mean anything when delay is condoned so liberally? After the lapse of 90 days of high court order (first appeal), doesn't it empower the trial court to ask for compliance of their order, if not , then when will it be perfect for trial court to interfere as we can easily see defective SLP keep on lying in registry for years?
Kindly express your thoughts on this. In case things are not clear please ask me to clarify.
Thanks so much.
