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Amit Kumar (individual)     10 August 2022

two interlocutory application which will first

sir/ madam
I have encountered with two problems
1. on same date one IA ( interlocutory application) is filed by me and another IA is filed by opposite counsel under different sections, which one be decided first ??

2. one IA is filed which was allowed ex-parte till the opposite counsel attended for first time in the case. but on the next date while I was with second application IA which was important one but opposite counsel raised objection on decided IA now he is delaying in the matter. is there any way to get decided first the second IA??

please provide your valuable answers out of your precious time
Thanks in advance


Learning

 2 Replies

Shashi Dhara   10 August 2022

Which is urgent it is heard and order is passed as advocate insist to dispose urgently .

1 Like

Adv. Ravish Bhatt, ADIT, CIOT (Dual Qualified lawyer/ Solicitor International Tax Affiliate CIOT)     10 August 2022

1. The information about the nature of IAs is insufficient.

Generally, which IA should be decided first and whether IA should be decided or hearing of the IA should be held along side main matter rather are all a matter of discretion of the court concerned. 

If your IA raises any important question, without urgent decision on which, you may be affected adversely in main matter or if you are to be affected adversely and irreparably even if the main matter is ultimately decided in your favour or if your IA raises a question, which will decide the fate of main matter on some preliminary issue without the need to go in merits or factual aspects, your advocate must point out the same to the court and must insist for hearing of such IA first.

 

 

2. Taking some time is normal.  If you think your important IA is being inordinately delayed under one or the other pretext and if rojkam (daily ordersheet in court record) reflects so, you can think of taking the matter to High Court for directions top get your IA decided in stipulated time.  But for the same, you must have very cogent and convincing reasons both on importance of IA and inordinate delay that may result in frustration of cause.

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