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Delhi High Court - Orders

Mohd Subhan vs Abdul Wahab on 29 January, 2021

Author: Najmi Waziri

Bench: Najmi Waziri

                              $~16 & 17
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    RC.REV. 119/2020 & CM APPL. 8096/2020
                                   MOHD SUBHAN                                 .....Petitioner
                                                   Through: Mr Bahar-U-Barqi, Advocate.
                                                        versus

                                     ABDUL WAHAB                                       ..... Respondent
                                                        Through:    Mr S.D. Ansari, Advocate.

                              +      RC.REV. 120/2020 & CM APPL. 8116/2020
                                     MOHD HANNAN & ANR                           .....Petitioners
                                                     Through: Mr Bahar-U-Barqi, Advocate.
                                                        versus
                                     ABDUL BASIT                                       ..... Respondent
                                                        Through:    Mr S.D. Ansari, Advocate.
                                     CORAM:
                                     HON'BLE MR. JUSTICE NAJMI WAZIRI
                                                       ORDER

% 29.01.2021 The hearing was conducted through video conferencing. CM APPL. 18722/2020 in RC.REV. 119/2020 CM APPL. 18786/2020 in RC.REV. 120/2020

1. These applications have payment of 'occupation charges' of the shops in question @ Rs.1,50,000/- each per month.

2. On 25.09.2020, these applications were disposed-off as under:

"...It is an application seeking video conference hearing. It is given. The application becomes infructuous and stands disposed of accordingly." .

3. Clearly, the aforesaid order refers to the applicants seeking to heard through video-conferencing, which upon having been allowed and the applicants were being heard through video-conferencing, the Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:01.02.2021 12:59:26 applications were disposed-off as having become infructuous.

4. No relief of occupation charges was sought in the said application. That relief has yet to be adjudicated upon. In effect, the applications seeking fixation of the said charges have not been disposed-off. Instead some other application(s) have been disposed-off.

5. Accordingly, CM APPL. 18722/2020 filed in RC.REV. 119/2020 and CM APPL. 18786/2020 filed in RC.REV. 120/2020 are revived and restored to their original numbers.

6. At the request of the learned counsel for the petitioners, renotify on 16.02.2021, apropos the issue of fixation of occupation charges.

7. The order be uploaded on the website forthwith.

NAJMI WAZIRI, J JANUARY 29, 2021/rd Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:01.02.2021 12:59:26