TMI Blog2023 (1) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... SHWARLAL MALI RATHOD VERSUS GOPAL AND ORS. [ 2021 (9) TMI 1301 - SUPREME COURT ], condemning the practice of seeking repeated adjournments and courts granting the same mechanically has observed that considering the fact that in the present case ten times adjournments were given between 2015 to 2019 and twice the orders were passed granting time for cross examination as a last chance and that too at one point of time even a cost was also imposed and even thereafter also when lastly the High Court passed an order with extending the time it was specifically mentioned that no further time shall be extended and/or granted still the petitioner defendant never availed of the liberty and the grace shown. In fact it can be said that the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest of justice to 5 th January, 2023. Medical Certificates of treatment of Counsel to be placed on record by the Appellant/Counsel. 1.3 Today when the matter was called for hearing, the appellant company and its director (i.e. appeal No. E/929 933/2012) by their letter dated 02.01.2023 sought adjournment stating that they wish to hire additional advocate. Their counsel, Shri D.R. Gadekar, Advocate, is also present today who is representing all the appellants as per record. As directed by the Bench on 09.11.2022, no medical certificate has been produced. 1.4 Section 35C(1A) of the Central Excise Act, 1962 provides as under: The Appellate Tribunal may, if sufficient cause is shown, at any stage of hearing of an appeal, gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances, application for restoration shall be entertained. .J. (A.K. SIKRI) .J. (S. ABDUL NAZEER) .J. (M.R. SHAH) NEW DELHI, FEBRUARY 7, 2019 3.2 Hon ble Apex Court has recently in case of Ishwarlal Mali Rathod vs Gopal Others vide order dated 20.09.2021 [in Special Leave Petition (Civil) Nos.1411714118 OF 2021] [LL 2021 SC 500], condemning the practice of seeking repeated adjournments and courts granting the same mechanically has observed as follows: 5.5 Today the judiciary and the justice delivery system is facing acute problem of delay which ultimately affects the right of the litigant to access to justice and the speedy trial. Arrears are mounting because of such delay a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the courts to provide timely justice to the litigants. Take an example of the present case. Suit was for eviction. Many a times the suits are filed for eviction on the ground of bonafide requirements of the landlord. If plaintiff who seeks eviction decree on the ground of personal bonafide requirement is not getting the timely justice and he ultimately gets the decree after 10 to 15 years, at times cause for getting the eviction decree on the ground of personal bonafide requirement may be defeated. The resultant effect would be that such a litigant would lose confidence in the justice delivery system and instead of filing civil suit and following the law he may adopt the other mode which has no backing of law and ultimately it affe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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