Aseem Agarwal v. Ashi Kumar

1. Appellant impugns order dated 03.04.2019, whereby the defense of the appellant/respondent has been struck off for non compliance of order dated 01.12.2018.

2. By order dated 01.12.2018, the application filed by the respondent (petitioner wife) seeking a direction to the appellant to produce certain documents was allowed and appellant was directed to file the documents listed in the subject application. Order dated 03.04.2019 notes that the appellant had failed to comply with the directions issued on 01.12.2018, accordingly, defense of the appellant was struck off.

3. Appellant, thereafter, approached this court under Article 227 of the Constitution of India, which petition was registered as CM(M) 1019/2019. In the said petition, an interim order was passed in favour of the appellant on 15.07.2019, whereby further proceedings before the Family Court were stayed.

4. Respondent approached the Supreme Court of India impugning the interim stay granted by this court by filing Civil Appeal No.9453/2019 (arising from SLP(C) No.18971/2019).

5. The Supreme Court by its order dated 16.12.2019 set aside the order of this court granting stay of the proceedings and dismissed the writ petition filed by the appellant upholding the order dated 01.12.2018 of the Family court. The Supreme Court, however, gave liberty to the appellant to approached the Family Court by way of an appropriate application seeking inter alia to absolve the appellant from the undertaking given on his behalf or in the alternative to produce the documents referred to in the order of the Family Court dated 01.12.2018.

6. We are informed that application has been filed pursuant to the liberty granted by the Supreme Court of India, which is still pending before the Family Court.

7. Learned counsel for the respondent submits that despite the fact that an application was filed as far back as in the year 2020, the same has till date not been disposed of because of the dilatory tactics adopted by the appellant. He further submits that even till date order dated 01.12.2018 has not been complied with and entire set of documents as directed has not been filed.

8. This is disputed by the learned senior counsel for the appellant, who submits that all the documents as directed have already been filed.

9. We notice that the present appeal arises out of order dated 03.04.2019, which was an order passed consequent to non compliance of order dated 01.12.2018. Subsequently, by an order dated 16.12.2019, the Supreme Court granted liberty to the appellant to file the documents and / or to file an application seeking to absolve him from the undertaking for production of documents to the Family Court.

10. In view of the subsequent liberty granted by order dated 16.12.2019, the order dated 03.04.2019 does not stand and infact merges in the order of the Supreme Court dated 16.12.2019.

11. Accordingly, it is directed that the Family Court shall consider the application filed by the appellant pursuant to the liberty granted by the Supreme Court in the first instance before proceeding further with the proceedings pending before it. However, keeping in view the fact that the proceedings were initiated as far back as in 2011, the Family Court shall expedite the proceedings and endeavour to conclude the entire case by 31.12.2023.

12. Keeping in view the proceedings that have already been conducted, Family Court shall also ensure that no undue adjournment is granted to the parties and shall take up the same on expedited hearing.

13. It is clarified that this court has neither considered nor commented upon the submission of either party with regard to compliance or non compliance of order dated 01.12.2018 which is left open for the Family court to consider.

14. The appeal is disposed of in the above terms.

SANJEEV SACHDEVA, J VIKAS MAHAJAN, J FEBRUARY 27, 2023