M/S Atma Ram Properties Pvt. Ltd. vs M/S Federal Motors Pvt. Ltd.
2014 Latest Caselaw 6007 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CM(M) 1031/2014 & C.M.No.19090/2014 (Exemption)

%                                                    20th November, 2014

M/S ATMA RAM PROPERTIES PVT. LTD.              ......Petitioner
                 Through: Mr.P.K.Rawal, Advocate.

                          VERSUS

M/S FEDERAL MOTORS PVT. LTD.                                   ...... Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. I have already decided the connected matter being CM(M)

No.1030/2014 and have dismissed the said petition on the ground that the

petitioner who is successful in getting the stay vacated, is entitled to pursue

the execution of the judgment and decree of eviction, and the petitioner

cannot ask for dismissal of the statutory first appeal filed under Section 38 of

the Delhi Rent Control Act, 1958.

2. The present petition is filed against the order of the trial court dated

14.11.2014 by which the trial court has issued a notice of just about a month

and a half returnable on 22.12.2014.

3. I fail to understand as to why powers under Article 227 of the

Constitution of India are being invoked again in this Court, and that only

against issuing of a notice, and that too a notice for just about a month and a

half, because, surely the trial court in the facts of the present case may feel

that it wants to examine the aspect of issuing warrants of possession by

issuing of a short notice to the respondent. If this Court starts interfering

with the orders such as those of issuing of notices for just about a month and

a half, then this Court will not be able to do other judicial work as the

litigants such as the petitioner expect that even for the most innocuous

impugned orders, the High Court should be approached for exercising its

extraordinary jurisdiction under Article 227 of the Constitution of India.

4. As the present petition is a gross waste of judicial time, the same is

therefore dismissed.

VALMIKI J. MEHTA, J NOVEMBER 20, 2014 KA