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Punjab-Haryana High Court

Chintels India Pvt Ltd vs Preeti Singh And Ors on 18 January, 2024

CR-120-2024 (O&M) 2024:PHHC:006619 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
(131) CR-120-2024 (O&M)
Date of Decision : 18.01.2024
Chintels India Pvt. Ltd. ...Petitioner
Versus
Preeti Singh and others ... Respondents

CORAM: HON'BLE MRS. JUSTICE RITU TAGORE Present: Mr. Keshav Pratap Singh, Advocate for the petitioner.

Mr. Rajesh Lamba, Advocate for the respondent No.1.

2¢ 2 24s 24 RITU TAGORE, J

1. This revision petition is filed against the order dated 29.11.2023 (Annexure P-7) passed by learned Civil Judge (Junior Division) Gurugram in Civil Suit bearing No.3493 of 2023 titled 'Ms. Preeti Singh vs. M/s. Chintels India Pvt. Ltd.

2. Notice of motion.

3. Mr. Rajesh Lamba, Advocate appears and accepts notice on behalf of the respondent No.1.

4. Learned counsel for the petitioner submits that learned trial Court granted the final relief to respondent No.1, at interim stage, by passing impugned order, even without taking the pleadings from the petitioner, and on the basis of order dated 15.03.2023 which has been modified subsequently. On the other hand, learned counsel for the respondent No.1 submits that the order under challenge has been passed to implement the order dated 15.03.2023 specially clause No.5. However, MANPREET SINGH 2024.01.19 09:43 I attest to the accuracy and authenticity of this order/judgment CR-120-2024 (O&M) 2024:PHHC:006619 2 learned counsel for the respondent No.1 could not deny that when the order under challenge was passed the petitioner was yet to file his pleadings including reply to stay application.

5. Learned trial Court, in the concluding paragraph of order dated 29.11.2023 stated as under :-

"Admittedly, though in the month of May, 2013 meeting was convened to discuss the solution, however, nothing has been finalized till date. Their appears no justification in stopping the payment of rent by defendant no.1 in compliance of order dated 15.03.2023 till any permanent solution. There also not appear any justification in not directing the defendant no.1 to comply the order dated 15.03.2023 till the final solution. In view of the facts and circumstances, list on 06.01.2024 for filing written statement and reply to stay application. In the meantime, defendant no.1 is directed to keep on complying the order dated 15.03.2023 in letter and spirit."

6. Learned counsel for the petitioner, however, admitted at bar that he has already filed his pleadings along with documents before the learned trial Court. During course of the arguments, both the counsels stated that the next date of hearing before the learned trial Court is 03.02.2024 and further submitted that this revision petition may be disposed of with a direction to learned trial Court to hear and decide the application under Order 39 Rule 1 and 2 read with Section 151 CPC on the scheduled date of hearing.

7. Learned counsel for respondent No.1 further submits that respondent No.1 shall not insist the implementation of impugned order dated 29.11.2023 (Annexure P-7) uptill 03.02.2024.

CR-120-2024 (O&M) 2024:PHHC:006619 3

8. In view of the submissions made by learned counsel for the parties, this revision petition is disposed of with a direction to learned trial Court to hear the arguments on application under Order 39 Rule 1 and 2 read with Section 151 CPC on the date fixed i.e. 03.02.2024 and decide the same within a period of one week, positively.

9. Pending miscellaneous applications, if any, stand disposed of accordingly.

(RITU TAGORE) JUDGE January 18, 2024 Manpreet Whether speaking/reasoned Yes/No Whether reportable : Yes/No MANPREET SINGH 2024.01.19 09:43 I attest to the accuracy and authenticity of this order/judgment