The judicial landscape in India has been significantly shaped by landmark
judgments that have not only interpreted the law but also sought to bring about
essential reforms in the administration of justice. One such case is Asian
Resurfacing of Road Agency (P) Ltd. Vs. CBI, decided by the Hon'ble Supreme
Court of India.
In this case, the apex court observed that when applications for injunctions are
not decided within six months from the passing of the order, such injunctions
would automatically stand vacated, unless reasons are recorded. This directive
was later brought under scrutiny in a Full Bench judgment of the Allahabad High
Court. This article will analyze the legal implications and practical
consequences of this directive in the Indian legal system.
II. (2018) 16 SCC 299 Asian Resurfacing of Road Agency (P) Ltd. Vs. CBI case
by Hon'ble Supreme Court of India:
In the Asian Resurfacing of Road Agency case, the Supreme Court found it
necessary to address the issue of inordinate delays in the disposal of
applications for injunctions. It was observed that such delays could lead to a
miscarriage of justice and hinder the efficient functioning of the legal system.
To remedy this situation, the Court formulated a novel approach by invoking its
inherent powers under Article 142 of the Constitution, directing that if an
application for injunction is not decided within six months from the date of
passing of the order, the injunction shall automatically stand vacated, unless
reasons are recorded.
III. The Dilemma:
The Allahabad High Court's Full Bench, in its referral, has expressed concerns
about the practicality of implementing these directives. Their apprehensions are
twofold. First, the automatic vacation of stay orders might lead to adverse
consequences for litigants who may not be at fault for the delay in the trial.
Second, trial courts are allegedly disregarding interim orders passed by the
High Court, which, when combined with the High Court's inability to provide
adequate redress to litigants, severely impacts the administration of justice.
IV. Adverse Consequences for Litigants:
The automatic vacation of stay orders after six months, as directed by the
Supreme Court, raises the question of whether this is always fair to the
litigants. While the intent behind such a directive is to expedite trials, there
can be situations where litigants are caught in a Catch-22.
Impact on the Administration of Justice:
- Procedural delays:
In India, the legal system often grapples with procedural delays that are beyond
the control of litigants. These delays can result from backlog, lack of
infrastructure, or administrative issues.
- Complex cases:
Some cases are inherently complex, requiring more time for proper examination
and presentation of evidence. The automatic vacation of stay orders might not
consider the case's intricacies.
- Unforeseen circumstances:
Litigants may also face unforeseen personal or health issues that make it
difficult for them to adhere to the six-month timeline.
- Disregard of Interim Orders:
The another aspect of this pertains to trial courts disregarding interim orders
passed by the High Court. This raises issues related to judicial hierarchy and
the importance of adherence to superior court orders. In cases where trial
courts deviate from the High Court's directives, it undermines the principle of
The combined impact of these issues has broader implications for the
administration of justice by the High Courts in India. The High Court, as the
highest authority in the state for judicial matters, plays a pivotal role in
ensuring justice is served efficiently. However, if it is unable to protect the
rights of litigants and its orders are not followed by lower courts, the
administration of justice is adversely affected.
The Concluding Note:
The reference by Full Bench, Hon'ble High Court of Allahabad. of Asian
Resurfacing of Road Agency (P) Ltd. Judgment for reconsideration to Hon'ble
Supreme Court of India offers an opportunity for a deeper analysis of its
implications and a potential re-calibration of the approach. This case
highlights the ever-evolving nature of Indian jurisprudence and the constant
quest for a balanced and just legal system that serves the interests of all
stakeholders, including litigants, lawyers, and the judiciary itself.
The Case Law Discussed:
Case Title: Chandrapal Singh Vs State of U.P
Date of Judgement/Order:03/11/2023
Case No. Application U/S 482 No. - 28574 of 2019
Neutral Citation No: N A
Name of Hon'ble Court: Allahabad High Court
Name of Hon'ble Judge: Pritinker Diwaker, Ashwani Kumar Mishra, Ajay Bhanot,
Information and discussion contained herein is being shared in the public
Interest. The same should not be treated as substitute for expert advice as it
is subject to my subjectivity and may contain human errors in perception,
interpretation and presentation of the fact and issue involved herein.
Written By: Advocate Ajay Amitabh Suman
, IP Adjutor - Patent and
Email: [email protected]
, Ph no: 9990389539