I N Choudhary vs Dr Jaswant Singh & Anr
2017 Latest Caselaw 6694 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Decided on: 23rd November, 2017


+     CM(M) 367/2017 & CM No.12963/2017

      I N CHOUDHARY                                     ..... Petitioner
                   Through:            Mr. Mukesh Kr. Verma, Advocate.

                          versus

      DR JASWANT SINGH & ANR                  ..... Respondents
                   Through: Mr. R.P. Sharma, Advocate.
      CORAM:
      HON'BLE MR. JUSTICE R.K.GAUBA

                   JUDGMENT (ORAL)

1. The petitioner is respondent in the proceedings arising out of eviction case registered as E-29/2015 (new no. 25785/16) instituted by the opposite party presently pending on the file of Rent Controller-West at Tis Hazari Courts.

2. By the impugned order dated 10.03.2016, the right of cross- examination of the witness of the petitioner in the eviction case was closed, since the Rent Controller was not ready to give adjournment on the ground that the counsel representing the petitioner had to attend chautha ceremony of an acquaintance, taking note of the fact that the case is of senior citizen meriting expeditious proceedings.

3. The learned counsel for the respondents in the petition, after some hearing, fairly conceded that subject to appropriate terms, the petition may

be allowed.

3. The petition is allowed subject to costs of Rs.10,000/- and further condition that the petitioner shall arrange presence of the counsel duly instructed and briefed, ready to conduct the proceedings on the first call of the case on the date to be fixed for such purposes by the Rent Controller as per his calendar.

4. The petition and the pending application is disposed of with these observations.

R.K.GAUBA, J NOVEMBER 23, 2017 srb