Sunaina Dalmia v. Govt. Of NCT Of Delhi And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12954/2019 and CM Appl. Nos. 10841-10842/2020 SUNAINA DALMIA ..... Petitioner Through:

Mr.Vaibhav Gaggar, Ms.Monica Lakhanpal and Ms.Sumedha Dang, Advs.

versus GOVT. OF NCT OF DELHI AND ORS.

..... Respondents Through:

Ms.Saumya Tandon, Adv. for R-1/GNCTD Mr.Vikas Malhotra, Adv. for R-2 & R-3 Mr.Samar Bansal, Adv. for R-4.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 15.05.2020 This hearing has been held by video conferencing. CM APPL. Nos. 10842/2020 and 10846/2020 (Exemption) Allowed, subject to all just exceptions.

CM APPL. 10841/2020 and CM APPL No. 10845/2020 1.

These applications have been filed by the petitioner seeking extension of time to comply with the order passed by this Court on 17.02.2020. 2.

By the order dated 17.02.2020, a consent order was passed whereby the respondent no.4 was to purchase a separate residence for the petitioner and the children by 30.06.2020 and the petitioner was to vacate the property that is, First Floor of S-15, Panchsheel Park, New Delhi-110017 (hereinafter referred to as the 'said property') on or before 31.05.2020 and hand over the possession of the same to respondent nos.2 and 3.

3.

The present applications have been premised on the fact that though the petitioner had made all arrangements for shifting from the said property on or before 31.05.2020, but due to lockdown being declared by the Government of India because of Covid-19 pandemic, neither the respondent no.4 has been able to purchase the separate property for the petitioner nor the petitioner is in a position to vacate the said property.

4.

The learned counsel for the petitioner submits that in order to comply with the order dated 17.02.2020, the petitioner had in fact, even removed the air conditioners from the said property, however, as there is going to be a delay now summer has set in, the petitioner needs to re-install the air conditioners. For this purpose, the electricians need to gain access to the garden area of the respondent no. 2 and 3. as . The learned counsel for the petitioner submits that full precaution shall be taken by the electrician/technician and by the petitioner to ensure that no inconvenience or any health risk is caused to the respondent nos.2 and 3 during such installation.

5.

Mr. Vikas Malhotra, Advocate who appears for respondent nos.2 and 3 very fairly does not oppose the present applications. 6.

In view of the above, the time for the respondent no.4 to purchase the separate residence for the petitioner and the children is extended till 15.07.2020. Similarly, the petitioner would vacate the said property, that is, First Floor of S-15, Panchsheel Park, New Delhi-110017, on or before 15.07.2020. The petitioner shall also be entitled to avail the services of the electrician/technician to install the air conditioners in the said property.

7.

Recording the above statement and subject to the modification of the order dated 17.02.2020 as recorded hereinabove, the present applications are disposed of. 8.

The order shall be uploaded on the website and shall also be provided to the learned counsels on the e-mail address provided.

NAVIN CHAWLA, J MAY 15, 2020/Arya/sd