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Showing contexts for: bbc act in Girja Shanker Dutt vs M/S Amit And Ashish Restaurant on 16 July, 2025Matching Fragments
as the defendants/respondents failed to abide by the order of the learned trial court dated 20.02.2023 passed on an application of the plaintiff/petitioner filed under Section 15 of the BBC Act directing the defendants/respondents to make the payment of arrears of rent as well as up to date rent by 15th of each month. Thereafter, the evidence of the plaintiff was closed on 10.11.2023 and since then, the matter has been coming up at the stage of argument. The learned counsel further submits that the learned trial court has shown much indulgences to the defendants/respondents and perusal of the copy of the order- sheets of the learned trial court annexed with the present petition will clearly show that a number of opportunities were given to the defendants as a last chance for advancing their arguments. Twice the matter has been fixed for judgment and taken back on some frivolous applications filed by the defendants. Meanwhile, a number of Presiding Officers have also changed and taking advantage of frequent changes, the defendants/respondents have Patna High Court C.Misc. No.1268 of 2024 dt.16-07-2025 been enjoying the premises without paying any rent and the total arrears of rent is reached more than Rs. 1 crore.
Patna High Court C.Misc. No.1268 of 2024 dt.16-07-2025
10. Having regard to the facts and circumstances and submission made on behalf of the petitioner, the learned Presiding Officer, who is now in seisin of the matter is directed to take up the matter for expeditious disposal since the matter has been struck at the stage of argument for almost two years and considering the intent and purpose of legislature in enacting the BBC Act and also considering the old age of the petitioner, the learned trial court is directed to dispose of Eviction Suit No.34/2021 on its merits and in accordance with law at the earliest and preferably within a period of one month from the date of receipt/production of a copy of this order, without adjourning the matter unnecessarily.