NAWAB SINGH - (1.) ON February 14th, 2012, the plaintiffs-petitioners filed suit titled Experion Developers Private Limited and another Vs. M/s K.N. Consultants Private Limited and others before the Court of Civil Judge (Senior Division), Amritsar. Along with suit, applications (i) under Order 38 Rule 5 and Order 39 Rules 1 and 2 and; (ii) under Order 40 Rule 1 of Code of Civil Procedure (Annexures P-7 and P-8) respectively were filed. The suit was pending in the Court of Sh. Kuldeep Singh, Additional Civil Judge (Senior Division), Amritsar. The petitioners filed application before the District Judge seeking transfer of the suit to some other Court of competent jurisdiction. By order dated February 24, 2012, the District Judge transferred the suit from the Court of Sh. Kuldeep Singh to the Court of Sh. S.S. Mann. The operative part of the order of District Judge is reproduced as under:- "It is directed that the transferee Court, shall make earnest endeavour, for expeditious disposal of the matter and the application for grant of urgent relief, be decided, preferably within one week from today. Civil Revision No. 2933 of 2012 (2)
(2.) LEARNED counsel for the petitioners has urged that inspite of the directions issued by the District Judge, the trial Judge has not disposed of the aforesaid applications. Not only that, arguments were heard by the trial Judge on February 29th, 2012 though it was not so mentioned in the interim order. The written arguments were also submitted by the petitioners on March 2nd, 2012. On March 9th, 2012 it was mentioned in the interim order that part arguments were addressed. In between, ten adjournments were given by the trial Judge and in most of the interim orders, it was mentioned that the case was being adjourned on the request of counsel for the parties but in fact, it was not so. The prayer made herein is that the trial Jude be directed to dispose of the aforesaid applications on the date fixed, that is, May 16th, 2012.
(3.) THE submission being convincing, the trial Judge is directed to dispose of the applications (Annexures P-7 and P-8) on the date fixed, that is, May 16th, 2012. If on account of any unavoidable circumstance, the applications are not decided on May 16th, 2012 then the trial Judge shall hear the matter on day to day basis and dispose of the applications. After disposal, the trial Judge shall inform this Court.;