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High Court of DelhiCM(M)/154/2020

Manmohan Singh Anand v. Nand Lal & ORS

2020-02-12Hon'Ble Ms. Justice Prathiba M. Singh2 pages

V s.

$-45 and 46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 154/2020 and CM APPL. 5037/2020 MANMOHAN SINGH ANAND Petitioner Through:

Mr. S.K. Rungta, Sr. Advocate with Mr. Prashant Singh, Advocate (M:

9810170243).

versus NAND LAL & ORS Respondents Through:

Mr. Sikandar Khan, Advocate for R-1 ^ (M: 9871626199) 46^ WITH CM (M) 165/2020 and CM APPL. 5237/2020, 5238/2020 ASHOK BASRA Petitioner Through: ^ Mr. S.K. Rungta, Sr. Advocate with Mr. Prashant Singh, Advocate.

versus NAND LAL & ORS Respondents Through:

Mr. Sikandar Khan, Advocate for R-.

CORAM:

JUSTICE PRATHIBA M. SINGH

ORDER

o/o 12.02.2020 1.

The Petitioners have filed the present petitions challenging the impugned O order dated 4^^ September, 2019, wherein, while adjourning the matter, the Id. Rent Control Tribunal (hereinafter, "RCT") has clarified that there is no stay of execution.

2.

The grievance in these petitions is that an interim order had been granted by the RCT on 9"' August, 2019 and the same could not have been vacated without any reason whatsoever. The Sr. counsel who had to reach the Couit was on his way from the Airport and hence, by the time he could reach, the matter got over and the stay granted on 9"'August, 2019 had been vacated. 3.

In connected matters viz., CM (M) Nos. 1383/2019, 1384/2019, 1385/2019 & 1386/2019 arising from the same impugned order, notice was CM(M) 154/2020 and CM(M) 165/2020 By:AMULYA

issued on 18- September 2019. Thereafter, on 19- September 2019 the exeeutton p^ceedtngs were stayed. Finally, vide order dated 3- Februaty 20, the smd petitions have been disposed of in the following terms; mA f''

appearing for Respondent No I submits that none of the other objectors has filed anv the order dated h September, 2019. Thus, the interim order granted bv qua the above Petitioners till the disposal of the anneals m RCTNos. 95/2019, 80/2019, 81/!oi9 aldTsZllt IS made clear that there is no stay of execution in respect of any ofthe other parties. The RCT shall now adjudicate the appeals on merits and pass appropriate orders in accordance with law."

4.

The present petitioners are similarly placed to the petitioners in CM (M) Nos. 1383/2019, 1384/2019, 1385/2019 & 1386/2019. Thus, the present petitions are also disposed of with the clarification that there shall be a stay of execution qua the present Petitioners till the disposal of the appeals in RCT Nos. 95/2019, 80/2019, 81/2019 and 78/2019. It is made clear that there is no stay of execution in respect of any of the other parties except as covered by order dated 3"'^ February, 2020 and the present two Petitions. The RCT shall now adjudicate the appeals on merits and pass appropriate orders in accordance with law.

5.

The petitions and all pending applications are disposed of in the above terms. Dasti.

(Lcfi'W..

.

PRATHIBA M. SINGH, J.

FEBRUARY 12,2020/MR CM(M) 154/2020 and CM(M) 165/2020