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2023 DIGILAW 1078 (DEL)

Jai Prakash Jain v. Dinesh Kumar Gupta

2023-02-21

TUSHAR RAO GEDELA

body2023
JUDGMENT Tushar Rao Gedela, J. (Oral) [The proceeding has been conducted through Hybrid mode] CM APPL. 8390/2023 (Exemption) 1. This is an application seeking exemption from filing certified copies of the annexures/documents. 2. Exemption is allowed, subject to all just exceptions. 3. The application stands disposed of. CAV 101/2023 4. Mr. Puneet Sharma, learned counsel has put in appearance on behalf of the respondent. 5. Accordingly, the caveat stands discharged. CM(M) 268/2023 & CM APPL. 8389/2023 (Stay) 6. The petitioner challenges the order dated 24.01.2023 passed in RC ARC No. 23/2021 titled ' Dinesh Kumar Gupta vs. Jai Prakash Jain ' whereby the learned Trial Court has dismissed the application of the petitioner/respondent under Order XVII Rule 1 read with Section 151 of CPC, 1908 seeking permission to file rejoinder to the reply to leave to defend application filed by the petitioner/respondent. 7. Issue notice. Mr. Puneet Sharma, learned counsel appearing on behalf of the respondent accepts notice. 8. Mr. Sharma, very fairly submits that the issue with respect to filing the rejoinder itself has taken substantial time for resolution by the learned Trial Court and requests that the suitable direction for expeditious disposal of the entire petition may be passed. 9. In view of the aforesaid submissions, this Court is of the considered opinion that the petitioner/respondent can be given one chance to file his rejoinder within one week from today failing which the said permission will stand recalled. However, the same is allowed subject to payment of cost of Rs.20,000/- to be paid to the respondent/landlord within a week from today. The valid receipt thereof shall be filed alongwith rejoinder with an index before the learned Trial Court before the next date of hearing. 10. In view of the aforesaid submission of Mr. Sharma, learned Trial Court is requested to take up the leave to defend application and dispose of the same in accordance with law on 18.03.2023 when it is informed that the suit is listed for hearing. 11. Learned Trial Court is further requested to pass final orders expeditiously within the next six weeks from the date of hearing arguments. 12. With the aforesaid directions, the petition stands disposed of.