Neha Nagar v. Praveen Kumar

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 40/2018 NEHA NAGAR ..... Appellant Through Mr. Kirtika Mukesh, Advocate.

versus PRAVEEN KUMAR ..... Respondent Through Mr. Shahid, Advocate.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE C. HARI SHANKAR

O R D E R

% 24.08.2018 Challenge in this appeal is to the order dated 25.08.2017 passed by the Family Court by which the appellant has been proceeded ex-parte. Counsel for the appellant submits that the appellant could not appear on account of bonafide reasons. Counsel undertakes on behalf of the appellant that the appellant would either present in person or would be represented through a counsel and would not delay the matter in any manner. Counsel for the respondent has opposed the prayer so made. However, counsel submits that the undertaking given by counsel for the appellant be recorded that she would not seek any adjournment and would appear in the matter.

We have heard learned counsel for the parties. Taking into consideration the submissions so made, we set aside the order dated 25.08.2017 binding the appellant to the undertaking given by the counsel in the Court that the appellant would not seek any unnecessary adjournments

and would appear in person or be represented through a counsel and subject to payment of cost of Rs.2,000/- to be paid by the appellant to the respondent. In above terms, the appeal alongwith CM APPL 6506/2018 (stay) stands disposed of.

G.S.SISTANI, J C. HARI SHANKAR, J AUGUST 24, 2018 ck /