Inder Mohan Rai And ORS v. Nirmal Sharma And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-7097-2017 (O&M) Date of Decision : 14.11.2022 Inder Mohan Rai & Others ....Petitioners

VERSUS

Nirmal Sharma & Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Shivam Sharma, Advocate, for Mr. Vibhav Jain, Advocate for the petitioners. Mr. D.S.Patwalia, Sr. Advocate with Mr. A.S.Chadha, Advocate for respondent No.1. ALKA SARIN, J. (Oral) On 15.09.2022 the following order was passed : "On 07.07.2022, the following order was passed : "On 24.10.2017 the Trial Court was directed to adjourn the case beyond the date given by this Court. The matter has repeatedly been adjourned on the request of learned counsel for the petitioners. Today, again a request for an adjournment has been made on the ground that arguing counsel for the petitioners is busy before a Co-ordinate Bench. Though no ground is made out to adjourn the matter, however, in the interest of justice, adjourned to 15.09.2022 subject to payment of Rs.5000/- as costs to be deposited with the Punjab and Haryana High Court Legal Services Committee.

It is made clear that no further adjournment shall be granted.

Interim order to continue."

TRIPTI SAINI 2022.11.15 10:43 I attest to the accuracy and integrity of this document Chandigarh

CR-7097-2017 (O&M) -2Costs pursuant to order dated 07.07.2022 have been deposited, however, an adjournment slip has been circulated on behalf of arguing counsel for the petitioners on the ground that he is unwell. Though no one is present in Court to press the adjournment slip, however, keeping in view the reasons stated in the adjournment slip, the case is adjourned to 14.11.2022. Interim order to continue.

It is made clear that no further adjournment shall be granted."

On 07.07.2022 costs of Rs.5000/- were imposed and it had been made clear that no further adjournment shall be granted. However, on 15.09.2022 the case was yet again adjourned since a written request had been circulated on behalf of learned counsel for the petitioners that he was unwell. Yet again it was made clear that no adjournment shall be granted. Today again a request for an adjournment has been made on behalf of learned counsel for the petitioners that the arguing counsel is not available today.

In view of the above, the Court is left with no other option but to dismiss the present revision petition for non-prosecution. Ordered accordingly. Pending applications, if any, also stand disposed off. November 14, 2022 (ALKA SARIN) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO TRIPTI SAINI 2022.11.15 10:43 I attest to the accuracy and integrity of this document Chandigarh