R K Kainth Thr Guardian v. Swadesh Bhagi & ORS

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 636/2017 R K KAINTH THR GUARDIAN ..... Petitioner Through:

Mr. Vikas Gautam, Advocate.

versus SWADESH BHAGI & ORS ..... Respondents Through:

Mr. Vineet Chaudhary, Advocate with Ms. Shashi Bhagi in person.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 07.12.2017 Caveat No.554/2017 The counsel for respondents has entered appearance. The caveat stands discharged.

CM(M) 636/2017 & CM No. 21301/2017 After some hearing, the counsel on both sides agree that the petitioner be given one more opportunity to examine his witnesses, the list being now restricted by the petitioner to only three, namely, Rakesh Kainth, the guardian for the petitioner; Om Prakash and Chakresh. The counsel for the petitioner undertakes that the affidavits of all the said three witnesses will be presented before the learned Rent Controller on or before 18th January, 2018, which is the date already fixed in the proceedings before the trial court. He also submits that the assistance of the learned Rent Controller in securing

the presence of such witnesses will not be required and that the petitioner undertakes to produce them on his own responsibility. The counsel further undertakes, on instructions, that there shall be no prayer made for any other witness to be called. He further undertakes that the witnesses will be produced for being tendered for crossexamination on the date fixed by the learned Rent Controller and that there would be no default in this regard.

The learned counsel for the respondent having agreed to this arrangement, the petition and the application filed therewith stand disposed of in above terms. The petitioner will remain bound by the undertakings given.

It is hoped and expected that the learned Rent Controller will proceed with the case expeditiously.

R.K.GAUBA, J DECEMBER 07, 2017 srb