M/S Prithvi Narain Beri & Sons v. Prakash Chand Goyal

$~A-40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 19/2017 M/S PRITHVI NARAIN BERI & SONS ..... Petitioners Through Ms.Megha Katari, Advocate.

versus PRAKASH CHAND GOYAL ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 10.02.2017 1.

The present petition is filed seeking to challenge the order dated 19.09.2016 by which the ARC has allowed the application filed by the respondent and granted leave to defend.

2.

Learned counsel for the petitioner submits that one of the apprehensions of the petitioner is that the respondent is delaying the trial and even the adjudication of the application for leave to defend took four years as the respondent kept taking adjournments on the one pretext or the other. She requests that if appropriate directions are given to the ARC for expeditious disposal she would withdraw this petition. 3.

Keeping in view the submissions of the learned counsel for the petitioner, the present petition is dismissed as withdrawn with liberty to raise all pleas before the ARC.

4.

However, the ARC is requested to expeditiously dispose of the RC.REV. 19/2017

eviction petition without giving any adjournment to both sides unless for emergent reason. The ARC shall endeavour to try and complete the disposal of the petition within 12 months from the date the order is received by the ARC.

5.

At this stage, learned counsel for the petitioner submits that despite the fact that the impugned order was passed on 19.09.2016, till date the respondent has not filed the written statement. The ARC may take note of this contention.

6.

All pending applications also stand dismissed. JAYANT NATH, J FEBRUARY 10, 2017 rb RC.REV. 19/2017