M/s Essel Infra Projects Ltd. through Its Authorized Representative vs State of Madhya Pradesh Acting through Its Director

Court

Supreme Court of India

Date

19 April 2018

Case No.

Civil Appeal No. 4250 of 2018

Result

Disposed

Bench

Adarsh Kumar Goel, R.F. Nariman

Citation

[2018] 4 S.C.R. 265 : 2018 INSC 368

Headnote

Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983: Proceedings under – Time bound disposal of – Held: Since the object of the legislation is to provide speedy dispute resolution mechanism, State is required to monitor timeliness of the proceedings – One or two years may be taken as reasonable time for the purpose – Though this timeliness is not mandatory, but the same must be kept in mind by all concerned and attention of Chief Justice of High Court must be drawn if such timeliness is not followed – The Chief Justice may take steps as may be possible in the matter – In case it is found that timeliness as contemplated cannot be achieved, statutory amendments be considered so as to provide remedies at any other appropriate forum – Appeal disposed of.

Krishnakant Tamarakar v. State of Madhya Pradesh 2018 (6) SCALE 156 – referred to.

The following Order of the Court was passed: ORDER 1. We have heard learned counsel for the parties. Leave granted only to consider whether any direction is required for timeliness in disposal of proceedings under the M.P. Madhyastham Adhikaran Adhiniyam, 1983 (M.P. Act, 1983). 2. Sh. Parag Tripathi, learned senior counsel for the appellant submitted that as at present the Tribunal proceedings under the M.P. Act, 1983 take upto five years and sometime even more. Learned counsel for the State does not dispute that it is so happening in some cases. 3. Having regard to the object of the legis

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