RABI RANJAN GUPTA D Vs. JAYATI ROY

JUDGEMENT

(1.) In the present case, the appeal in the High Court was heard by a Single judge of the High Court on five days i. e. On 9.3.1998, 26.3.1998, 2.4.1998, 6.4.1998 and 13.4.1998 but the judgment was delivered on 23.5.2001 i. e. after a delay of more than three years.

(2.) This Court has repeatedly held that the inordinate delay in delivering the judgment by itself is a ground to set aside the judgment and remit the case back to the High Court for a fresh decision.

(3.) In Bhagwandas Fatechand Daswani and Others v. HPA International and Ors. reported in (2000) 2 SCC 13, this Court observed that delay of five years in delivering the judgment after the conclusion of the hearing by itself was sufficient to set aside the judgment under appeal. On this short ground the appeal was allowed and the case was remitted back to the High Court for a fresh decision in accordance with law.