Sonaley v. Anil Kumar And Others

TA-666-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.103 TA-666-2023 Date of Decision: 06.08.2025 SONALEY ....Applicant

Versus

ANIL KUMAR AND OTHERS .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. J.S.Thind, Advocate for the applicant.

Mr. Ankit Gupta, Advocate for Mr. Arjunveer Sharma, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) At this stage, it has come to the notice of the court that compliance of previous order has not been made by the applicant. However, counsel for the applicant submits that even though he had prepared the application, giving the detail of the litigation, but however, the same could not be presented in the court, as the affidavit of the applicant could not procured, as she is not in touch with him. Under such constrained circumstances, counsel for the applicant seeks to withdraw his Power of Attorney.

However, perusal of the paperbook reveals that the applicant was directed to furnish about the detail of the other litigation pending between the parties, vide order dated 06.03.2025 and the case was adjourned further for 27.03.2025. However, on 27.03.2025, the needful compliance had not been made and in the subsequent order dated 28.04.2025, it was so Sonu 2025.08.07 17:01 I attest to the accuracy and authenticity of this document

TA-666-2023 observed that last opportunity is given to comply with the aforesaid order, within a period of three weeks and the case was adjourned further for 08.07.2025. On 08.07.2025, the said compliance was not made. In fact, none had made appearance on behalf of the applicant, despite the case having called twice, as recorded in the said order. However, this Court had further given last opportunity to make the compliance of the order dated 06.03.2025, within a period of ten days and the case was adjourned further for today i.e. 06.08.2025. Today also, the said compliance was not made. Such being the fact situation, the counsel as such, could not be allowed to withdraw his Power of Attorney.

At this stage, counsel for the respondent has placed on record the copy of the order dated 01.08.2025, passed by learned Trial Court, wherein the present applicant, Sonaley, who is respondent before learned Trial court, had not made appearance and was proceeded against ex parte. Such being the conduct of the applicant, on account of noncompliance of the order dated 06.03.2025, passed by this court, the present transfer application, as such is hereby dismissed for non-compliance. (ARCHANA PURI) 06.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.07 17:01 I attest to the accuracy and authenticity of this document