Delhi High Court - Orders
Joginder Singh vs Yogesh Narain Gupta & Ors on 26 May, 2023
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 145/2020 & CM Appl.10800/2020 & 46059/2022
JOGINDER SINGH ..... Petitioner
Through: Mr Joby P Varghese, Adv.
versus
YOGESH NARAIN GUPTA & ORS ..... Respondents
Through: Mr Ankit Kumar Vats, Mr Nikhil
Anand & Mr Nabil Ahmed Khan,
Advs. with Respondent No. 1 in
person.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 26.05.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM Appl.29031/2023[Application for early hearing]
1. The present Application has been filed on behalf of the Respondent No.1 seeking early hearing in the matter on account of the fact that there is an application (CM Appl.46059/2022) for affixation of user and occupation charges which is pending before this Court.
1.1 A perusal of the record shows that Notice in CM Appl.46059/2022 was issued by this Court on 27.10.2022.
1.2 Reply to the same was filed on 29.11.2022.
2. Mr Arvind Kumar, learned Counsel who appears on behalf of the Respondents submits that an Eviction Order/Impugned Judgment was passed on 04.12.2019 pursuant to which the Petitioner has filed the present Petition.
RC.REV. 145/2020 page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 10:38:33
3. A perusal of the record shows that this Court by its order dated 12.05.2020 had granted an ad-interim relief to the Petitioner staying the operation of the Eviction Order/Impugned Judgment dated 04.12.2019.
4. Mr Kumar, learned Counsel who appears on behalf of the Respondents submits that in view of the judgment in the case of Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. as (2005) 1 SCC 705, use and occupation charges are liable to be paid during the pendency of the Petition. The law in the Atma Ram Properties (supra) has been re-affirmed by the Supreme Court in Martin and Harris Private Limited and Another v. RajendraMehta and Others, (2022) 8 SCC 527.
5. Mr Joby P Varghese, learned Counsel who appears on behalf of the Petitioner submits that he is not well today and sought a short accommodation in the matter.
6. The matter is otherwise listed on 21.08.2023.
7. List the matter on 29.05.2023 at 4:15 PM.
8. Mr Varghese will file his respective written synopsis, not exceeding three pages each, before the next date of hearing, along with compilations of judgments, if any, he wish to rely upon.
8.1 All judgments sought to be relied upon by the learned Counsel shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.
9. Application is accordingly disposed off.
TARA VITASTA GANJU, J
MAY 26, 2023/r
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RC.REV. 145/2020 page 2 of 2
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 10:38:33