Regarding Procedure after the Release of Case
3 months ago
My case which is related to the illegal termination of my contractual service and currently pending before the Lucknow bench of Allahabad High Court. In this matter, Arbitration provisions were there which is now also done and its order is challenged in the High Court.
On order dated :- 18.10.2023 the following order was passed:
"1. Heard Sri -------------, learned counsel for petitioner as well as learned Sri -----------------, learned counsel for respondents.
2. Judgement reserved.
On Order Dated :- 3.1.2024 the following order was passed:
"1. The case is released.
2. List this case before appropriate Bench."
On Order Dated:- 2.2.2024 the following order was passed: "As prayed, list on 8.2.2024."
On Order Dated :- 8.2.2024 the following order was passed:
"1. Case is adjourned on the out of station slip of counsel for the respondent.
2. List on 21st February, 2024."
My queries are:
1. When the arguments were completed and the case was reserved for judgment, can it be listed again in the same court for argument after it was released previously by the same judge after the change of jurisdiction? Is there any case law in this regard for reference?
2. What action can be taken by me for quick disposal of the case as the matter has been pending here and there for the last 10 (Ten) years?
Judgement has been reserved means that the argument of both the. counsels have been heard and now the judge will deliberate upon the. matter and decide the merits of the arguments and the submissions of. both the counsels and give the order on the date given for the same. If the judgment, for any reason, is not pronounced within a period of six months any of the parties of the said lis shall be entitled to move an application before the Chief justice of the High Court with a prayer to withdraw the said case and to make it over to any other bench for fresh arguments. The Supreme Court recently disapproved of the action taken by the Allahabad High Court to list a matter for hearing before the same bench, which had failed to pronounce judgment within a period of six months after reserving it. The Supreme Court stated that if the judgment is not delivered within 6 months after reserving it, then it should be assigned to another bench for fresh hearing. It has long been established that a judge has the power to re-open their judgment or order at any time until the order has been sealed. In a recent decision, the Supreme Court has clarified the approach a judge should adopt if asked to exercise this power, finding that the essential task is to do justice in accordance with the overriding objective of the CPR: AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16.
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