JUSTICE DELAYED AND DENIED – PROCEDURAL LAPSES BY COMMERCIAL COURT
GUJARAT INDUSTRIAL INVESTMENT CORPORATION V. VARANASI SRINIVAS & ORS.
ARISING OUT OF SLP(C) NO.16717/2024
Hon’ble Supreme Court’s Bench: Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh
Date: 23 May 2025
The Appeal was filed before the Hon’ble Supreme Court against the decision of the Hon’ble High Court in dismissing the appeal of the appellant and the application for condonation of delay in a recovery suit. The Hon’ble Court observed that the Commercial Court of Gujarat framed issues in the matter after more than 17 years and concluded the trial in an arbitrary manner by closing Plaintiff’s evidence, followed by a dismissal order.
This raises questions about the accountability of the system, the delivery of justice promptly and the speedy disposal of cases. Therefore, the Hon’ble Court directed the Commercial Court to accord two opportunities to the plaintiff to lead the evidence before closing the evidence. Subsequently, if the plaintiff still fails to lead evidence, the Commercial Court shall be at liberty to close the evidence.
