PARVIN COTGIN PVT. LTD. Vs. AXIS BANK LTD.

JUDGEMENT

(1.) We have time and again stressed how the judicial system is overburdened with cases and that the biggest obstacle to obtaining justice today, is pendency of cases. The present matter before us is a typical instance of how the system is getting completely occluded, leading to wastage of time of the Court and thereby, preventing the Court from dispensing justice to genuine litigants. This assumes greater significance in today's time when the entire country is battling the pandemic of COVID-19 and courts are doing their best to function in whatever manner possible under the limitations of the circumstances.

(2.) The most perplexing aspect of this litigation before us is that the appellants have mainly chosen to challenge the consequential action with only a formal challenge to the foundation of such consequential action. This in our opinion reflects utter non-application of mind to the issue by the appellants and further indicates that the appellants have engaged in a frivolous and impractical litigation which has been dragged on unnecessarily for years by raising such unsustainable contentions. There are not enough words for us to express our anguish on such approach being adopted by the appellants as the valuable time of the Court which could have been spent in resolving other pending cases and reducing the pendency, has been unnecessarily wasted.

(3.) These two appeals under Clause 15 of the Letters Patent have been preferred by the borrowers assailing the correctness of the judgment and order dated 24.07.2018 passed in two Special Civil Application Nos.11312 of 2018 and 11313 of 2018 filed by the present appellants whereby both the petitions were dismissed.