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High Court of Punjab and HaryanaCR/5103/2025disposed of

M/S National Steel Rolling Mills And Others v. M/S Royal Industries

2025-12-22Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-5103-2025 (O&M) Date of Decision : 22.12.2025 M/s National Steel Rolling Mills & Ors ... Petitioner(s)

Versus

M/s Royal Industries ... Respondent(s) CORAM :

HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Gaurav Datta, Advocate for the petitioners. Mr. Naresh Gopal Sharma, Advocate for Mr. Mayank Mathur, Advocate for the respondent. ALKA SARIN, J. (Oral) 1.

The present revision petition has been filed under Article 227 of the Constitution of India for issuance of a direction to the Trial Court for appointment of a Local Commissioner afresh.

2.

Brief facts relevant to the present lis are that the petitioners herein filed a Civil Revision being CR No.5053 of 2024 which was disposed off vide order dated 04.09.2024 (Annexure P-13) wherein the following order was passed :

" In a suit for mandatory injunction (Annexure P-2) filed by plaintiff M/s Royal Industries (respondent herein), defendants (petitioners herein) moved an application (copy Annexure P-1) for getting delivered the possession of the demised premises along with machinery as Annexure 'A'. Learned counsel contends that after taking lot of opportunities, plaintiff somehow filed reply to the application but till date the application has not been considered by the trial Court. Prayer made by the YOGESH SHARMA 2025.12.23 10:13 I attest to the accuracy and integrity of this document Chandigarh

CR-5103-2025 (O&M) petitioner is to direct the trial Court to decide the said application (Annexure P-1).

Without issuing any notice to the respondent, present petition is hereby disposed of with the direction to the trial Court concerned to decide the application (Annexure P-1) in accordance with law within next one month positively." 3.

Thereafter, the application was decided by the Trial Court vide order dated 07.10.2024 (Annexure P-15) appointing a Local Commissioner, namely, Mr. Naveen Verma, Advocate, who was to decide the date of delivery of possession and also was to prepare an inventory of all the articles as well as machineries. On 28.11.2024 the said Local Commissioner recused due to health reasons and stated that he could not visit the spot and some other person be appointed as a Local Commissioner.

4.

Learned counsel for the petitioners would contend that since 28.11.2024 no new Local Commissioner has been appointed and therefore he prays that the Trial Court be directed to do the needful in a time-bound manner.

5.

Learned counsel for the respondent is not in a position to deny that after recusal of the earlier Local Commissioner on 28.11.2024, no new Local Commissioner has been appointed.

6.

In view of the above, the present revision petition is disposed off with a request to the Trial Court to appoint a new Local Commissioner at the earliest and preferably within a period of three weeks from today. Pending applications, if any, also stand disposed off. 22.12.2025 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2025.12.23 10:13 I attest to the accuracy and integrity of this document Chandigarh