K.M.SURESH BABU Vs. SUNDARAM FINANCE LIMITED

JUDGEMENT

(1.) Mr.Manoj Sreevalsan, learned counsel on record for petitioner is before this Court.

(2.) PREFATORY NOTE:

(3.) Having set out the scope and ambit of instant OP under Section 34 of A and C Act and having noticed that minimum judicial interference is one of the important pillars of ADR mechanism, this Court reminds itself that expeditious disposal of OPs under Section 34 is also another important facet of the matter. This facet of the matter finds statutory expression in sub-section (6) of Section 34 of A and C Act, which mandates that such OPs shall be disposed of expeditiously and in any event within a period of one year from the date on which notice under sub-section (5) is served on the party concerned. This sub-section (6) and importance of disposing of OPs of instant nature as expeditiously as possible and within the one year time line was emphasised by Hon'ble Supreme Court in State of Bihar Vs. Bihar Rajya Bhumi Vikas Bank Samiti reported in (2018) 9 SCC 472. To be noted, though Bhumi Vikas case law is an authority for the broad proposition that sub-section (5) of Section 34 is only directory and not mandatory, but there is a categoric observation in the Bhumi Vikas case law that every endevour should be made by courts dealing with Section 34 OPs to adhere to one year time line in sub-section (6) of Section 34 and this observation is instructive. To be noted, this observation is set out in Paragraph 26 of Bhimi Vikas case law and the same reads as follows: