(M.R. Shah and B.V. Nagarathna, JJ.)
Petition(s) for Special Leave to Appeal (C) No(s). 4654/2022, decided on May 18, 2022
Chopra Fabricators and Manufacturers Pvt. Ltd. ________ Petitioner(s);
v.
Bharat Pumps and Compressors Ltd. and Another ______ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No(s). 4654/2022 and MUA227 No. 7330/2021
The Order of the court was delivered by
Order
1. This Court, on 28.04.2022, passed a detailed order directing the High Court of Judicature at Allahabad/The Registrar General of the High Court of Judicature at Allahabad and the Lucknow Bench emphasizing the need for the High Court of Judicature at Allahabad and the Lucknow Bench to prepare a road-map for early disposal of the commercial disputes.
2. We have also directed the Registrar General of the High Court of Judicature at Allahabad and the Lucknow Bench to place the earlier status report in which it was found that approximately 40,000 execution petitions arising out of the arbitration proceedings are pending in the entire State of U.P. Hence approximately 12,000 Section 34 applications are pending, before the Chief Justice of the High Court.
3. We requested the Chief Justice of the High Court to constitute a Special Arrears Committee of the Judges of the High Court and invite suggestions and formulate a mechanism to tackle with the problem of arrears. We also requested the Chief Justice of the High Court to prepare a road-map and make suggestions to this Court on or before the next date of hearing on how the High Court proposes to deal with such a situation and huge pendency in disposing of the applications under Section 34 in the State of U.P.
4. We also directed that the suggestions and road-map, so formulated/suggested, be placed before this Court through the Registrar General of the High Court of Judicature at Allahabad and the Lucknow Bench on or before the next date of hearing.
5. Despite the fact that the said order was passed on 28.04.2022 till today, no report from the High Court was sent to this Court. Only when the present case is called out, learned counsel appearing for the High Court of Allahabad has placed on record the report on affidavit without giving any sufficient time to us to look into the suggestions/road-map. It was expected from the High Court to see that the report/road-map/suggestions were required to be placed before this Court well in advance so as to enable this Court to pass further orders and directions. We have cursorily gone through the counter/road-map/suggestions. There is nothing on record whether any Special Arrears Committee has been constituted or not. Nothing is on record whether periodical video conferencing with the Principal District Judges/Commercial Courts are done by the Members of the Arrears Committee or not. As we have no sufficient time to go through the report, put up tomorrow i.e. 19.05.2022.
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