The Allahabad High Court imposed a fine of Rs 2500 on a litigant who failed to submit accurate copies of Order Sheets, which do not give the correct impression about how the case before the trial court is proceeding. The High Court imposed cost while dismissing a plea seeking expeditious disposal of an execution proceeding pending before the trial court.

The Bench of Justice Jaspreet Singh observed, “this necessarily leads to the inference that the order sheets filed by the petitioner are not accurate or correct copies”.

Advocate K.K. Singh appeared for the Petitioner and Advocate Rakesh Srivastava appeared for the Respondents.

The Court directed Advocate Gaurav Mehrotra to verify the accuracy of the order sheets submitted by the petitioner, relating to an expedited execution proceeding pending since 2001. Mehrotra provided written instructions and certified copies of the complete order sheets, which the court accepted.

Upon review of the instructions, the Court noted that the Presiding Officer of the Execution Court assumed duty on November 20, 2023. Additionally, it is noted that the Officer aims to resolve the execution proceedings within three months, subject to cooperation from both parties' counsel.

After reviewing the matter and comparing the order sheets filed by the petitioner with the certified copies, the Court observed that they do not accurately represent the proceedings. This comparison indicates discrepancies, suggesting that the petitioner's order sheets are not accurate or correct copies.

Based on the noted discrepancies in the provided documents and the impression that the matter was being listed for orders without a substantive hearing, the Court declined to entertain the petition. Additionally, considering that the Presiding Officer was already committed to expeditiously resolving the matter, the Court found no reason to proceed further with the petition.

Accordingly, the Court dismissed the Petition and directed the petitioner to pay a cost of Rs. 2500/- to the District Legal Aid Services Authority, within two weeks from the date of the order.

Cause Title: Ram Prasad Mishra v State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others (2024:AHC-LKO:12613)

Appearance:

Petitioner(s): Advocate K.K. Singh

Respondent(s): Advocates Gaurav Mehrotra and Rakesh Srivastava

Click here to read/download Judgment



Allahabad High CourtJustice Jaspreet Singh

Jayanti Pahwa