Pankaj Jain vs. Ashok Kumar

Held

The High Court considered the submissions made by the learned counsel for the petitioner. The Court directed that the pending interlocutory application, dated January 5, 2024, be decided as early as possible, within a period of one month from the date of the order. Furthermore, the trial court was directed to make all efforts to dispose of the Civil Suit as early as possible. The Court did not delve into the merits of the GST payment dispute itself, but rather focused on ensuring the expeditious disposal of the pending applications and the suit. The ratio decidendi is that High Courts can direct subordinate courts to expedite the disposal of pending applications and suits to ensure timely justice, particularly when there is a prayer for such expedition. The operative direction was to decide the interlocutory application within one month and to expedite the trial of the Civil Suit.

Facts

The petitioner, Pankaj Jain, filed a writ petition before the Madhya Pradesh High Court at Indore. The petitioner had filed a Civil Suit for eviction (RCS-A 717/2022) and an interlocutory application within that suit on January 5, 2024, seeking payment of GST by the respondent, Ashok Kumar. The petitioner contended that this interlocutory application has been pending since its filing and has not been decided by the learned trial court. The petitioner therefore prayed for a direction to the trial court to dispose of the interlocutory application and expedite the trial of the Civil Suit.

Key Issues

1. Whether the High Court should direct the trial court to expedite the decision on an interlocutory application filed in a civil suit concerning GST payment, and to expedite the trial of the suit itself? (Mixed question of law and fact, concerning the inherent powers of the High Court under Article 226 of the Constitution of India and principles of expeditious disposal of civil litigation). Contentions: Petitioner: Argued that the interlocutory application for payment of GST, filed on January 5, 2024, in Civil Suit No. RCS-A 717/2022, has been pending and not decided. Therefore, a direction is sought for the trial court to decide this application and expedite the main suit. Respondent/State: No arguments were recorded for the respondent/State in the judgment.