High Court of DelhiCRL.A./41/2015

Raju Dass v. State

2018-01-11Hon'Ble Mr. Justice A.K. Pathak3 pages

$~S-41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9107/2015 THE NATRAJ VIHAR COOPERTIVE GROUP OF HOUSING SOCIETY LTD & ANR .....Petitioners Through:

Mr.Arvind Kumar, Advocate with Mr.Ankit Kumar Vats, Mr.Subit Kumar Singh and Ms.Shashi Kiran, Advocates.

versus THE HOUSING & URBAN DEVELOPMENT CORPORATION LTD. & ORS .....Respondents Through:

Mr.Akash Sahay, Advocate for applicants- R- 5/20, 5/21, 5/43, 5/25, 5/48, 5/39, 5/11, 5/45, 5/35, 5/36

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 30.08.2024 CM APPL.49823/2024 1.

Present application has been filed under Section 151 CPC, 1908 seeking a direction to DRAT to expeditiously dispose of the matter bearing Inward No. 313/2015 (Appeal No. 387/2016) and Appeal No. 287/2014. 2.

Learned counsel for the Applicant states that Applicants are GPA holders of Respondent nos. 5/20, 5/21, 5/43, 5/25, 5/48, 5/39, 5/11, 5/45, 5/35, 5/36 and Applicant, namely, Pushpa Gupta is the Legal Representative of Respondent No 5/59.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

He states that the Petitioner-Society obtained a loan from Respondent No. 1. He states that Respondents no. 5 are the members of the PetitionerSociety. He states that Respondent no. 1 filed O.A. No. 459/1999 before DRT which was decided on 10th June, 2014.

He states that Respondent No. 1 preferred an Appeal against the order dated 10th June, 2014 before DRAT bearing Appeal No. 287/2014 which was dismissed by DRAT vide order dated 19th May, 2015. He states that the Petitioner-Society also preferred an appeal against the order dated 10th June, 2014 before DRAT bearing Inward No. 313/2015 (Appeal No. 387/2016) which was dismissed by DRAT vide order dated 12th June, 2015. 5.

He states that the Petitioner-Society filed the subject petition challenging the order dated 12th June, 2015 passed by DRAT in Inward No. 313/2015 (Appeal no. 387/2016) and Respondent no. 1 filed a writ petition bearing no. W.P. (C) 1286/2016 challenging the order dated 19th May, 2015 passed by DRAT in Appeal no. 287/2014. He states that both the writ petitions were decided by this Court vide common order dated 19th February, 2016 whereby this Court set aside the orders passed by DRAT and restored Appeal No. 287/2014 and Inward No. 313/2015 to be adjudicated by DRAT.

He states that since restoration of the Appeal No. 287/2014 (filed by Respondent No. 1) and Inward No 313/2015 (filed by Petitioner) in 2016, the Appeals are yet to be heard and for the last eight (8) years, the matter has not reached due to one reason or the other.

A perusal of the paper book reveals that the applicants have not filed an application for early hearing before the DRAT. Accordingly, the present application is disposed of with liberty to the applicants to file an application The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

for early hearing. In the event such an application is filed within three (3) working days, the same is directed to be listed by the DRAT on 5th September, 2024. This Court has no doubt that DRAT shall make an endeavour to dispose of the matter in its entirety as expeditiously as possible. With the aforesaid liberty and direction, the present application stands disposed of.

ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J AUGUST 30, 2024 TS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.