Bablu Chaudhary v. Hari Kishan Chaudhary & ORS.

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 803/2018 BABLU CHAUDHARY ..... Petitioner Through:

Mr.Rajiv Khosla, Adv.

versus HARI KISHAN CHAUDHARY & ORS.

..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 10.01.2019 Crl.M.A.324/2019 (exemption) Exemption is allowed subject to all just exceptions. Crl.M.A.323/2019 1.

By this application, petitioner seeks advancing the date of hearing from 06.02.2019. It is contended that on 11.12.2018 in the morning counsel was present along with the present petitioner i.e. Bablu Chaudhary in Trial Court and had handed over a sum of Rs.3000/- to the decree holder towards arrears of maintenance. Matter was passed over to enable the judgment debtor to make arrangement for some more amount and it was adjourned to 2 PM. 2.

Learned counsel submits that by the time the petitioner could make arrangement and reach the Court it was beyond 2.40 PM and bailable warrants had already been issued. He submits that since the CRL.REV.P. 803/2018

petitioner had got struck he had instructed his counsel to inform the Court, however, apparently the counsel could not inform the Court and bailable warrants have been issued.

3.

No ground is made out for advancing the date of hearing, however, subject to petitioner appearing before the Trial Court as and when the matter is fixed, no coercive action shall be taken against the petitioner till the next date of hearing. Bailable warrants issued by order dated 11.12.2018 by the Trial Court shall remain stayed till the next date of hearing.

4.

Since the matter is listed today before the Trial Court, learned counsel for the petitioner is directed to inform the Trial Court of today's order verbally and produce the order later.. 5.

Order dasti under the signature of the Court Master. SANJEEV SACHDEVA, J JANUARY 10, 2019 rk CRL.REV.P. 803/2018