Delhi High Court
Alka Sachdeva vs Seema Gupta & Ors. on 18 September, 2020
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 18.09.2020
+ CM(M) 461/2020
ALKA SACHDEVA ..... Petitioner
versus
SEEMA GUPTA & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. P.K. Rawal, Advocate.
For the Respondent: Mr. Satish Sharma, Advocate for Mr. Neeraj Gupta.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.23136/2020 (exemption) & CM APPL.23137/2020
(exemption)
Exemptions are allowed subject to all just exceptions.
CM(M) 461/2020
1. The hearing was conducted through video conferencing.
2. Petitioner impugns adjournment of the execution proceedings
by order dated 03.09.2020 by the Rent Controller.
Digitally Signed By:KUNAL
MAGGU
Signing Date:18.09.2020 19:45:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Learned counsel for the petitioner submits that an eviction
petition was filed under Section 14(1)(e) of Delhi Rent Control Act
and eviction order was passed on 26.09.2019 against the tenants. Mr.
Neeraj Gupta, the brother of the tenant Smt. Seema Gupta had
appeared before the Executing Court on 03.09.2020 contending that
he proposed to file objections. But till date no objections have been
filed.
4. Learned counsel for the petitioner submits that since no
objections have been filed, he was not impleaded as a party in these
proceedings. However, he submits that Mr. Neeraj Gupta has filed an
application under Order 39 Rules 1 and 2 before the executing Court
and accordingly, has waived his right to file any objection.
5. Mr. Satish Sharma, Advocate intervenes on behalf of
Mr. Neeraj Gupta and submits that Mr. Neeraj Gupta was granted two
weeks time to file objections and his objections are ready and are
being filed during the course of the day. He further submits that
Mr. Neeraj Gupta had not waived his right to file any objection.
6. Without prejudice to the rights and contentions of the parties,
learned counsel for the petitioner submits that in case the right of the
petitioner to raise a plea of maintainability of the objections on the
ground of waiver is protected and directions are issued for expeditious
disposal, he shall not press his present petition.
Digitally Signed By:KUNAL
MAGGU
Signing Date:18.09.2020 19:45:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
7. In view of the above, petitioner is permitted to raise the plea of
maintainability of the objections which are being filed by Mr. Neeraj
Gupta on the ground of alleged waiver besides raising the other
objections.
8. It is further directed that the Rent Controller shall
expeditiously dispose of the objections which are sought to be filed by
Mr. Neeraj Gupta and endeavour to conclude the proceedings as
expeditiously as possible.
9. It is clarified that this Court has neither considered nor
commented on the plea raised by the petitioner with regard to the
waiver of the right to object by the respondent. All rights and
contentions of the parties are reserved.
10. The petition is, accordingly, disposed of.
11. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SEPTEMBER 18, 2020 SANJEEV SACHDEVA, J
st
Digitally Signed By:KUNAL
MAGGU
Signing Date:18.09.2020 19:45:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
