Urgent hearing procedure for pending writ petition
N Kumar Chaubey
(Querist) 16 November 2019
This query is : Resolved
Hello learned lawyers,
We have filed a Writ against UOI in JUN and as no lawyer of respondents were present, honourable Calcutta High Court ordered the respondents to file a reply in 4 weeks and counter affidavit in 2 weeks thereafter if any. Ref interim relief court said : an interim order is not called for at this moment and would do a final hearing once the case is ready for hearing after affidavit and counter affidavit were filed.
The respondent filed his reply and we filed counter affidavit. Since then we are still waiting for our matter to appear in cause list for hearing. Our counsel has submitted the request for mentioning slip in aug, sept and Nov and matter is not appearing in list. What can we do for an urgent hearing, I desperately need atleast an interim relief otherwise my career & business both are getting hurt.
(Expert) 16 November 2019
An advocate can do only two things in the High Court to advance the listing of a particular case: one is to file an application and the other is to make a mention in the court before the judge.
Listing of cases is a matter that will be decided by the administrative side of the court depending on many factors including the directions from the Supreme Court as to the priorities for listing so as to reduce the backlog.
It seems that the focus now is on the five year old cases both in the higher and subordinate judiciary.
(Expert) 17 November 2019
1. Your Advocate shall have to make mention about the matter seeking hearing of the case before any Hon'ble Judge who has got the determination to hear the matter.
2. As per determination issued on 16.11.2019 there have been several hon'ble Judges before whom your matter can be mentioned.
3. Hon'ble Justice Shekhar B. Saraf, who will sit in Court no. 23, will hear all Hearing matters irrespective of classification from 18.11.2019.
Dr J C Vashista
(Expert) 18 November 2019
Seek guidance of your lawyer who is well aware about the facts of case and an able, competent and intelligent enough to reply your question(s).