Meenakshi Kumar & Anr vs Pnb Housing Finance Limited on 26 April, 2022

[Cites 1, Cited by 1]

Delhi High Court - Orders

Meenakshi Kumar & Anr vs Pnb Housing Finance Limited on 26 April, 2022

Bench: C. Hari Shankar

                          $~118(Appellate)
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CM(M) 384/2022 & CM APPL. 20083/2022, CM APPL.
                                 20084/2022, CM APPL. 20085/2022

                                 MEENAKSHI KUMAR & ANR.                ..... Petitioners
                                             Through: Mr. Shikhil Shiv Suri, Ms.
                                             Madhu Suri, Ms. Nikita Thapar, Ms. Komal
                                             Gupta an Ms. Mahima Aggarwal

                                                    versus

                                 PNB HOUSING FINANCE LIMITED                     ..... Respondent
                                               Through: None

                                 CORAM:
                                 HON'BLE MR. JUSTICE C. HARI SHANKAR
                                                    ORDER

% 26.04.2022 CM APPL. 20083/2022 & CM APPL. 20085/2022 in CM(M) 384/2022

1. Exemptions allowed, subject to all just exceptions.

2. The applications stand disposed of.

CM(M) 384/2022 & CM APPL. 20084/2022 (stay)

3. The petitioner is aggrieved by the decision of the learned Additional District Judge (the learned ADJ) in Civ DJ 102/2018, to the extent the learned ADJ has directed the petitioner, who is the defendant in the proceedings before the learned ADJ, to lead evidence first in the matter.

Signature Not Verified CM(M) 384/2022 Page 1 of 3 Digitally Signed By:SUNIL SINGH NEGI Signing Date:28.04.2022 13:27:02

4. The impugned order seems to indicate that the only ground on which such a decision has been taken is that qua a majority of issues, the onus of proof was on the defendant.

5. This, in my view, may be insufficient as a ground to require the defendant to lead evidence first, especially given the position of law enunciated by this Court in Sabiha Sultana v. Ahmad Aziz1.

6. As such, issue notice, returnable on 29th August, 2022.

7. Notice may be served on the respondent by all modes physically as well as electronically including dasti as well as on the respondent as well as on the learned Counsel representing the respondent before the court below.

8. Reply, if any, be filed within four weeks with advance copy to learned Counsel for the petitioners, who may file rejoinder thereof, if any, before the next date of hearing.

9. As the matter is at the stage of recording of evidence, the court has no option but to stay further proceedings in the matter.

10. Till the next date of hearing, therefore, proceedings before the learned Additional District Judge, in Civ DJ 102/2018 (PNB Housing 1 2017 SCC OnLine Del 10229 Signature Not Verified CM(M) 384/2022 Page 2 of 3 Digitally Signed By:SUNIL SINGH NEGI Signing Date:28.04.2022 13:27:02 Finance Limited v. Meenakshi Kumar & Anr.) with respect to the claims of the respondent as well as counter claim filed by the petitioner, shall remain stayed.

C. HARI SHANKAR, J.

APRIL 26, 2022 dsn Signature Not Verified CM(M) 384/2022 Page 3 of 3 Digitally Signed By:SUNIL SINGH NEGI Signing Date:28.04.2022 13:27:02

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders