Shonika Chawla v. Government Of NCT Of Delhi And ANR

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12387/2024, CM APPL. 51546-51547/2024 SHONIKA CHAWLA .....Petitioner Through:

Mr. Sachin Bandooni, Advocate.

versus GOVERNMENT OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Prashant Manchanda, ASC for GNCTD with Ms. Nancy Shah, Ms.

Haridas Medha and Ms. Ankita, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 05.09.2024 1.

The present petition seeks to direct Respondent No.1 to register the document purported to be the sale deed dated 10th June, 2024 in respect of property bearing No. M-53, Greater Kailash, Part-II, New Delhi-110048,1 executed by Ms. Yethesh Chaoudhary, Respondent No. 2, in favour of the Petitioner.

2.

Pursuant to the execution of the sale deed, Petitioner paid the sale consideration amounting to INR 1,95,00,000/- to Respondent No. 2 and possession of the subject property was hand over to the Petitioner. Thereafter, an appointment with the office of Sub-Registrar was taken for 10th June, 2024 to register the said document but Respondent No. 2 did not 1 "the subject property"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2024 at 14:32:32

show up on the said date. The appointment was rescheduled for 14th June, 2024, however, Respondent No. 2 failed to appear on that date as well. Aggrieved by the same, through representation dated 25th June, 2024, Petitioner called upon Respondent No. 1 to take the necessary steps under the Registration Act, 1908 for causing registration of the document in question. However, no action was taken thereon. 3.

In this background, counsel for Petitioner places on Section 36 of the Registration Act, 1908 to submit that the Sub-Registrar has the power to direct the presence of Respondent No.2 for the purpose of taking a final view on the documents presented.

4.

In light of the above, the present petition is disposed of with a direction to Respondent No.1 to decide the Petitioner's representation within a period of 3 weeks from today.

5.

All rights and contentions of the parties are left open. 6.

The present petition, along with pending applications, if any, is disposed of.

SANJEEV NARULA, J SEPTEMBER 5, 2024 mk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/09/2024 at 14:32:32