Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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In the backdrop of the above proceedings and on receipt of the consolidated report from the learned Principal District and Sessions Judge, South Goa, Margao, this Court took up the matter under Suo Motu Writ Petition No. 2/2022 and passed a detailed order dated 02.01.2023 observing that such Roznama showing that the judgment is pronounced, but without any signed copy of the judgment available on record, cannot be termed as judgment even under the provisions of Civil Procedure Code or Code of Criminal Procedure and therefore, such orders passed under the Roznama need to be quashed and set aside. We even directed the Registrar (Administration) of this Court to place the matter before the Administrative Committee for taking suitable action against the concerned Presiding Officer. {Para 21}
22. In spite of so many instances and the decision passed by this Court, it seems that the concerned Presiding Officer has not taken any care to keep the judgment ready in all respects before pronouncing it, which is the mandate as per Order XX of CPC and the relevant provisions under the Civil Manual, which is most disturbing. The learned Presiding Officer though claiming the points for disposal of such matters in her Returns, did not bother to keep the judgments ready in all respects.
23. The learned Principal District and Sessions Judge, South Goa, Margao, is therefore required to look into the Returns filed by the concerned Presiding Officer in connection with all these matters wherein the judgments and orders are not found in the file, but the points are claimed towards disposal of such matters. It also amounts to giving a false declaration in the Returns. If it is found that the Presiding Officer has claimed the points towards disposal of such cases on merits without actually disposing of the matters by keeping the signed judgment/order ready, it would amount to giving a false declaration.
24. We, therefore, direct the learned Principal District and Sessions Judge, South Goa, Margao, to thoroughly verify the monthly and four monthly Returns of the concerned Presiding Officer, Ms Aruna P. Fernandes, while working at Quepem or any other place in South Goa and to prepare a report as to whether she claimed the points towards disposal of the matters on merits wherein judgments/orders are not found in the file. Such a report shall be submitted within a period of 15 days from the date of the receipt of this order.
25. Coming back to the present matter, it is clear that the Roznama dated 18.02.2023 depicts that the judgment is pronounced; however, there is no signed judgment found in the entire record. Thus, such Roznama dated 18.02.2023 cannot be considered as a judgment of the Court by deciding the matter on merits. The Roznama further shows that an Application under Section 34 of the Arbitration Act was dismissed, and the proceedings were closed. Such order in the Roznama is without reasons, i.e. there is no signed judgment on record and, thus, cannot be considered as the judgment of the Court.
IN THE HIGH COURT OF BOMBAY AT GOA
Writ Petition No. 446 of 2023
Decided On: 09.08.2023
Karnataka Cement Pipes Factory Eng. and Contractors Vs. State of Goa and Ors.
Hon'ble Judges/Coram:
M.S. Sonak and Bharat P. Deshpande, JJ.
Author: Bharat P. Deshpande, J.
Citation: MANU/MH/3263/2023
