TMI Blog2023 (8) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... nd ultimately it affects the rule of law. Therefore, the court shall be very slow in granting adjournments and as observed hereinabove they shall not grant repeated adjournments in routine manner. In the present case, it is found it has been adjourned a number of times without a party causing the appearance before the Bench. Such mechanical adjournment sought allowed has been adversely commented upon by Hon ble Supreme Court in the decision referred above. Appeal is dismissed in terms of Rule 20 of CESTAT Procedure for the non prosecution. - MR. SANJIV SRIVASTAVA, MEMBER (TECHNICAL) Absent on Call, for the Appellant Shri Sarweshwar T. Khairnar, Authorised Representative for the Respondent ORDER When the matter was called none appeared on behalf of the appellant. Matter has been earlier listed on 27.09.2019, 29.01.2020, 18.02.2020, 05.08.2022 and on 20.07.2023. On each of the occasions either appellant/ counsel has chosen to abstain from hearing. Only when the matter was listed on 27.09.2019, a written request for adjournment was received. No request for adjournment also has been received on any subsequent dates. 2. Sub Section 1A to Section 35 C of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has to be kept in mind that the time of leisure has to be given a decent burial. The sooner it takes place, the better it is. It is the obligation of the present generation to march with the time and remind oneself every moment that the rule of law is the centripodal concern and delay in delineation and disposal of cases injects an artificial virus and becomes a vitiating element. The unfortunate characteristics of endemic delays have to be avoided at any cost. One has to bear in mind that this is the day, this is the hour and this is the moment, when all soldiers of law fight from the path. One has to remind oneself of the great saying, Awake, Arise, O Partha . 27. The anguish expressed in the past and the role ascribed to the Judges, the lawyers and the litigants is a matter of perpetual concern and the same has to be reflected upon every moment. An attitude of indifference can neither be appreciated nor tolerated. Therefore, the serviceability of the institution gains significance. That is the command of the Majesty of Law and none should make any maladroit effort to create a concavity in the same. Procrastination, whether at the individual or institutional level, is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ipened by the requisite commitment of all concerned with the system. It cannot be regarded as a facet of Utopianism because such a thought is likely to make the right a mirage losing the centrality of purpose. Therefore, whoever has a role to play in the justice dispensation system cannot be allowed to remotely conceive of a casual approach. 5.4 In the aforesaid decision, this court also considered the role of advocate in the justice delivery system and considered the earlier decisions in paragraphs 17 to 22 which read as under: 17. In Ramon Services (P) Ltd. v. Subhash Kapoor [(2001) 1 SCC 118 : 2001 SCC (Cri) 3 : 2001 SCC (L S) 152 : AIR 2001 SC 207] , after referring to a passage from Mahabir Prasad Singh v. Jacks Aviation (P) Ltd. [(1999) 1 SCC 37 : AIR 1999 SC 287] , the Court cautioned thus : (Ramon Services case [(2001) 1 SCC 118 : 2001 SCC (Cri) 3 : 2001 SCC (L S) 152 : AIR 2001 SC 207] , SCC p. 126, para 15) 15. Nonetheless we put the profession to notice that in future the advocate would also be answerable for the consequence suffered by the party if the non appearance was solely on the ground of a strike call. It is unjust and inequitabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lawyer is under obligation to do nothing that shall detract from the dignity of the court of which he is himself a sworn officer and assistant. He should at all times pay deferential respect to the Judge, and scrupulously observe the decorum of the courtroom. [Warevelle's Legal Ethics, p. 182] 18. Of course, it is not a unilateral affair. There is a reciprocal duty for the court also to be courteous to the members of the Bar and to make every endeavour for maintaining and protecting the respect which members of the Bar are entitled to have from their clients as well as from the litigant public. Both the Bench and the Bar are the two inextricable wings of the judicial forum and therefore the aforesaid mutual respect is sine qua non for the efficient functioning of the solemn work carried on in courts of law. But that does not mean that any advocate or a group of them can boycott the courts or any particular court and ask the court to desist from discharging judicial functions. At any rate, no advocate can ask the court to avoid a case on the ground that he does not want to appear in that court. 21. While recapitulating the duties of a lawyer towards the court and so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entrusted with the administration of the justice. Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged. Therefore the courts shall not grant the adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice. The courts have to be diligence and take timely action in order to usher in efficient justice dispensation system and maintain faith in rule of law. We are also aware that whenever the trial courts refused to grant unnecessary adjournments many a times they are accused of being strict and they may face displeasure of the Bar. However, the judicial officers shall not worry about that if his conscience is clear and the judicial officer has to bear in mind his duties to the litigants who are before the courts and who have come for justice and for whom Courts are meant and all efforts shall be 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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