Case Note & Summary
The petitioner, Robert Meghraj Wanjari, was the judgment debtor in Special Summary Suit No.1 of 2010, where a decree was passed against him. He filed a First Appeal in the Bombay High Court, which was admitted with a stay conditional on depositing Rs.15,00,000 within two weeks. The petitioner failed to deposit the amount, and the decree holders (respondents) initiated execution proceedings. During execution, the petitioner filed applications Exh.34 and 35 objecting to the execution and auction sale. On 11/4/2011, the petitioner sought time to argue, and the trial court granted adjournment to 19/4/2011 subject to payment of Rs.1000 costs to each decree holder and the auction purchaser. On 19/4/2011, the petitioner filed another adjournment application (Exh.38), which the trial court rejected and forfeited his right to make submissions on Exh.34 and 35. The petitioner challenged this order by way of a writ petition. The High Court noted that the petitioner had a history of delaying tactics, including non-compliance with the deposit condition and withdrawal of an SLP. The court held that the trial court's order was justified as the petitioner was attempting to prolong execution proceedings. The writ petition was dismissed, and the trial court was directed to proceed with the execution application expeditiously.
Headnote
A) Civil Procedure - Execution Proceedings - Forfeiture of Right to Make Submissions - Code of Civil Procedure, 1908, Order 21 - The trial court rejected the judgment debtor's adjournment application and forfeited his right to make submissions on objections (Exh.34 and 35) due to repeated delays and failure to pay costs imposed earlier. The High Court held that the trial court's order was justified as the judgment debtor was attempting to prolong execution proceedings. (Paras 2-5)
B) Civil Procedure - Adjournment - Discretion of Court - Code of Civil Procedure, 1908, Order 17 - The court has discretion to grant or refuse adjournments. The trial court had already granted one adjournment on costs, and the judgment debtor failed to comply with the cost order. The High Court found no error in the trial court's decision to reject the second adjournment and forfeit the right to argue. (Paras 4-5)
Issue of Consideration
Whether the trial court was justified in rejecting the adjournment application and forfeiting the judgment debtor's right to make submissions on his objections in execution proceedings.
Final Decision
The writ petition is dismissed. The trial court is directed to proceed with the execution application expeditiously.
Law Points
- Forfeiture of right to make submissions
- Adjournment discretion
- Execution proceedings
- Abuse of process
- Costs
Case Details
2011 LawText (BOM) (07) 130
Writ Petition No.1998 of 2011
A.V. Khare h/f S.S. Voditel for petitioner, R.S. Subhedar for respondent nos.1 and 2
Robert s/o Meghraj Wanjari
Prafull s/o Ashokrao Shelke, Archana w/o Prafulla Shelke, Arvind s/o Madan Mahajan
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Nature of Litigation
Writ petition challenging trial court's order rejecting adjournment and forfeiting judgment debtor's right to make submissions in execution proceedings.
Remedy Sought
Petitioner sought to set aside the trial court's order dated 19/4/2011 and allow him to make submissions on his objections.
Filing Reason
The trial court rejected the petitioner's adjournment application and forfeited his right to argue on objections Exh.34 and 35 in execution proceedings.
Previous Decisions
The trial court had earlier granted adjournment on 11/4/2011 subject to payment of costs, which the petitioner failed to pay. The High Court in First Appeal had granted stay conditional on deposit of Rs.15,00,000, which was not complied with. The petitioner withdrew SLP from Supreme Court with liberty to file review, which was disposed of allowing auction sale but not confirmation.
Issues
Whether the trial court's order rejecting adjournment and forfeiting right to make submissions was justified.
Submissions/Arguments
Petitioner argued that the trial court acted arbitrarily in forfeiting his right to make submissions without hearing him on merits.
Respondents argued that the petitioner was deliberately delaying execution proceedings and had not complied with earlier cost order.
Ratio Decidendi
A court has discretion to refuse adjournment and forfeit a party's right to make submissions if the party is abusing the process of law by seeking repeated adjournments and failing to comply with cost orders, especially in execution proceedings where delay defeats the decree holder's rights.
Judgment Excerpts
The Trial Court was of the view that the said application was filed to prolong and delay the execution proceedings and hence granted adjournment till 19/4/2011 subject to payment of costs of Rs.1000/ to each of the decree holders...
In my view, the Trial Court was justified in passing the impugned order as the petitioner was trying to delay the execution proceedings.
Procedural History
The petitioner suffered a decree in Special Summary Suit No.1 of 2010. He filed First Appeal in Bombay High Court, which was admitted with stay conditional on deposit of Rs.15,00,000. The deposit was not made. The petitioner filed SLP in Supreme Court, which was withdrawn with liberty to file review. Review was disposed of allowing auction sale but not confirmation. In execution, petitioner filed objections Exh.34 and 35. On 11/4/2011, adjournment was granted on costs. On 19/4/2011, another adjournment application (Exh.38) was rejected and right to make submissions forfeited. The petitioner filed the present writ petition.
Acts & Sections
- Code of Civil Procedure, 1908: Order 21, Order 17
