Salahuddin vs Nayab Ahmed Shakir
2023 Latest Caselaw 708 Del

                                         Neutral Citation Number 2023/DHC/001538



                          $~47
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                   Judgment delivered on: 28.02.2023
                          +       CM(M) 313/2023
                                  SALAHUDDIN                                       ..... Petitioner

                                                     versus

                                  NAYAB AHMED SHAKIR                               ..... Respondent

                           Advocates who appeared in this case:
                          For the Petitioner         :        Mr. Ashok Gurnani, Advocate

                          For the Respondent         :        Mr. Anil K Bhasin, Advocate

                          CORAM:
                          HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

                                                     JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ] CM APP No. 9595/2023

1. This is an application seeking exemption from filing certified copies of the annexures.

2. Exemption is allowed, subject to all just exceptions.

3. Application stands disposed of.

CM(M) 313/2023 & CM APP No. 9594/2023 (Stay)

4. The petitioner challenges the order dated 17.08.2022 passed by learned First Appellate Court (RCT) in RCT No. 69/2022 titled

Signature Not Verified Digitally Signed

Signing Date:02.03.2023 16:48:29 Neutral Citation Number 2023/DHC/001538

'Salahuddin & Anr vs. Nayab Ahmed Shakir & Ors.'.

5. Mr. Ashok Gurnani, learned counsel for petitioner submits that despite having filed the appeal under Section 38 of DRC Act, 1958, the application under Order XXXIX Rules 1 and 2 of CPC, 1908, seeking stay of the decree and execution proceedings, the learned RCT has not passed any interim order.

6. Learned counsel also submits that in the meanwhile, the learned ARC had, vide its order dated 14.07.2022 directed appointment of a Bailiff for the purposes of execution of the decree of possession.

7. Mr. Anil Bhasin, learned counsel for the respondent draws attention of this Court to paragraph 2 of order dated 14.07.2022 passed by ARC noting that there was a failure in compliance of order under Section 15(1) of Delhi Rent Control Act, and the arrears of rent were not deposited on time. On that basis, learned ARC had directed that the Bailiff be appointed for the purposes of executing the decree.

8. The First Appellate Court (RCT) is requested to take up the appeal filed by the petitioner herein in all earnest and possibly by 03.03.2023 and dispose of the same in accordance with law and as expeditiously as possible, however, not later than 15.04.2023.

9. Aforesaid timelines have to be strictly adhered to. Any infraction of the timeline so stated above shall disentitle the petitioner from any relief granted under the present order.

10. With the aforesaid directions, the petition stands disposed of.

TUSHAR RAO GEDELA, J FEBRUARY 28, 2023/Aj

Signature Not Verified Digitally Signed

Signing Date:02.03.2023 16:48:29