Execution Petitions must be disposed of within six months; courts must eb record reasons if unable to: Supreme Court

The Supreme Court reiterated that the execution petitions must be disposed within six months from the date of filing.

The Execution Court is duty bound to record reasons in writing when it is unable to dispose of the matter, the bench of Justices KM Joseph and Hrishikesh Roy said.

In Rahul S. Shah, a three judge’s bench of the Apex Court had issued a direction that Executing Courts must dispose of the Execution Proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay.

“This means that it becomes the duty of the Execution Court to dispose of the execution proceedings at the earliest and since this Court has directed that the Execution Court must dispose the execution proceedings within six months from the date of filing, which can be extended only by recording reasons in writing for such delay, this direction is meant to be observed. This would mean that every effort should be made to dispose of the execution petition within the said time limit and the Execution court should have reasons for not being able to dispose of the execution petition. The Execution Court is duty bound to record reasons in writing when it is unable to dispose of the matter. We need only reiterate what this court has already ordered”,  the Apex Court bench observed while disposing the Special Leave Petition.   

Case Details:

Bhoj Raj Garg v. Goyal Educational And Welfare Society 2022