The Vaish Co-Operative Adarsh ... vs Brahm Dev Sharma
2017 Latest Caselaw 654 Del

$~18.
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       RFA 127/2017
        THE VAISH CO-OPERATIVE ADARSH BANK LIMITED
                                                    ..... Appellant
                      Through: Mr. Neeraj Jain, Advocate

                           versus

        BRAHM DEV SHARMA                                     ..... Respondent
                    Through: None

        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 03.02.2017

CM APPL. 4363/2017 (exemption)

Subject to the appellant filing the certified/typed/legible copies of the documents annexed with the appeal within four weeks, the application is allowed and disposed of.

RFA 127/2017 and CM APPL. 4362/2017 (stay)

1. The appellant/Bank is aggrieved by the judgment dated 08.12.2016 passed by the trial court on an application filed by the respondent/plaintiff under Order XII Rule 6 CPC. By the impugned judgment on admission, the trial court has partly decreed the suit for the relief of possession in respect of premises No.WZ-31/C, Part of Khasra No.45/2, Jawala Heri Market, Paschim Vihar, New Delhi, in favour of the respondent/plaintiff and against the appellant/Bank.

2. The Court has carefully perused the impugned judgment and considered the arguments addressed by learned counsel for the appellant/Bank, but is not persuaded to issue notice. At this stage, learned counsel states that instead of pressing the appeal, the appellant/Bank be granted a reasonable time of at least one and a half year to vacate the suit premises. He explains that there are strong rooms built by the appellant/Bank and in the suit premises and it has several accounts and public dealings. Therefore, it will take some time for the appellant/Bank to re-locate its branch to an alternate accommodation.

3. In view of the submission made by the counsel for the appellant/Bank as recorded hereinabove , while disposing of the present appeal alongwith the pending application a limited notice is issued to the respondent on the timeline for the appellant/Bank to vacate the suit premises, by ordinary process and speed post, returnable on 09.03.2017.

4. The notices to be issued to the respondent shall indicate that he shall remain present on the next date. An officer competent to take a decision on behalf of the appellant/Bank shall also remain present on the next date.

5. Till the next date of hearing, operation of the impugned judgment and decree shall remain stayed.

DASTI.

HIMA KOHLI, J FEBRUARY 03, 2017 rkb/ap