High Court of Punjab and HaryanaCRR/2573/2024disposed of

M/S Shyam Lal Ashok Kumar And Another v. M/S Sumer Chand Ishwar Chand

2024-12-16Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRR-2573-2024 (O&M) Date of Decision:-16.12.2024 M/s Shyam Lal Ashok Kumar and another ... Petitioners

Versus

M/s Sumer Chand Ishwar Chand ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ishan Khetarpal, Advocate, for the petitioners. ***** GURVINDER SINGH GILL, J. (Oral) 1.

Today, at the very outset, learned counsel for the petitioner submits that the matter is fixed before the lower Appellate Court for 13.1.2025 and that the petitioners as well as petitioners' counsel before the lower Appellate Court shall argue the matter on any date, as may be fixed by the lower Appellate Court and would not have any objection for preponement of the date of hearing to any date so that the same may be disposed of expeditiously. 2.

Having heard the learned counsel for the petitioner, the instant petition is disposed of with a direction to the lower Appellate Court not to enforce upon the condition of the deposit of 20% of the amount of compensation, as had been directed vide impugned order dated 13.11.2024, subject to the condition that the petitioners are found to be ready and willing to argue the appeal which is stated to be pending for 13.1.2025 before the Court of learned Additional Sessions Judge, Kaithal. In case, the counsel for the appellants does not come forward to argue the appeal, or adjournment is sought, stay Pankaj Kakkar 2024.12.16 16:19 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

CRR-2573-2024 (O&M) ( 2 ) shall stand automatically vacated, unless the lower Appellate Court finds reason to extend the stay or has to adjourn the case due to pressure of work. In case, the matter is required to be adjourned, a very short date shall be fixed for arguments, which would be not more than 15 days. The interim directions as issued shall in such case be extended till the next date of hearing. In case, arguments are not addressed, it shall also be open to the lower Appellate Court to nominate some counsel from Legal Aid Panel to assist the Court on behalf of the appellants, so that the matter is disposed off at the earliest.

A copy of this order be conveyed to learned Additional Sessions Judge concerned for information & necessary compliance. 4.

The instant petition is disposed of accordingly. 16.12.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.12.16 16:19 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh