Vijai Kapur v. Government Of NCT Of Delhi And ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3559/2020 VIJAI KAPUR ..... Petitioner Through Mr.Saurabh Kirpal and Ms.Shreya Singhal, Advs. alongwith petitioner in person.

versus GOVERNMENT OF NCT OF DELHI AND ORS ..... Respondents Through Ms.Saumya Tandon, Adv. for R-1 & R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 17.06.2020 This hearing has been held through video conferencing. CM No.12663/2020 (Exemption from filing notarized affidavit and affixing of court fee) 1.

This application has been filed seeking exemption from filing duly notarised affidavit and affixing requisite court fee. Binding the deponent of the affidavit to the contents of the application, the exemption is granted. 2.

Court fee shall be deposited online with the concerned authority within one week and physical stamp be filed within 72 hours from the date of resumption of regular functioning of the Court, as mandated in terms of Office Order dated April 04, 2020 issued by this Court. 3.

Application is disposed of.

CM No.12662/2020 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 3559/2020 & C.M. No.12661/2020 (Stay) 1.

This petition has been filed by the petitioner inter-alia praying for a direction to the respondent no.2 to take cognizance of the complaint dated 26.05.2020 filed by the petitioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Rules framed thereunder.

2.

It is the case of the petitioner that since November, 2019 the respondent no.3 has been residing at Greater Noida, UP. She has been sending threatening messages to the petitioner thereby creating an atmosphere of fear in the mind of the petitioner. Various other allegations have also been made in the petition against the respondent no.3. 3.

The learned counsel for the respondent nos.1 and 2, who appears on advance notice, submits that the complaint filed by the petitioner shall be listed for hearing/consideration before the respondent no.2 through video conferencing within one week and notice thereof shall be sent to the petitioner as also to the opposite side.

4.

In view of the averments made, the respondent no.3 is restrained from visiting the petitioner or disturbing his peaceful possession of the property in question, that is, G-9, Ground Floor, Maharani Bagh, New Delhi-110065, till the complaint of the petitioner is listed before the respondent no.2, who shall decide on the further continuation/vacation/modification thereof after hearing the parties.

5.

Keeping in view the object and purpose of the Act and the Rules framed thereunder, it is expected from the concerned Authorities, especially the Maintenance Tribunal, that urgent hearing is granted to the complaints

where the orders of immediate maintenance/protection to senior citizens is prayed for, if required, through the mode of video conferencing. 6.

The petition is disposed of with the above directions. There shall be no order as to costs.

NAVIN CHAWLA, J JUNE 17, 2020/Arya