On October 9, 2024, the Delhi High Court given a last opportunity for inhabitants Girish Kapoor and another solicitor to display their defense in an continuous removal case beneath the Delhi Rent Control Act, 1958. The case, CM(M) 3584/2024, includes an removal request recorded by Roop Kishore Rastogi, the proprietor, who looked for to oust the inhabitants for non-payment of lease and abuse of the premises.
The applicants had prior fizzled to deliver their witnesses in spite of submitting their sworn statements. In a past hearing on September 18, 2024, the trial court had closed the tenants' right to lead prove due to the nonattendance of witnesses. The solicitors moved the Delhi High Court, contending that this was as it were their moment opportunity to display prove which the nonappearance of witnesses was due to a therapeutic crisis confronted by their guide.
Court’s Consideration
The tenants' attorney claimed during the hearing that the delay was accidental and asked for one final opportunity to call the witnesses. Despite protesting about the continuous postponements, the landlord's attorney kindly consented to give the petitioners one more chance, on the condition that they cover the costs of the inconvenience.
Justice Manoj Jain, presiding over the case, acknowledged the circumstances and granted the petitioners one last chance to present their two witnesses, Raj Kumar and Girish Kapoor, for cross-examination on October 15, 2024. The Court also imposed a cost of ₹30,000 on the petitioners, payable to the landlord's counsel on the date of the hearing.
"It is clarified that only one effective opportunity in this regard is given to them," the Court ruled, warning that further delays would not be tolerated.
Conclusion
The Delhi High Court’s decision allows the tenants to present their defense while ensuring that the proceedings move forward without unnecessary delays. The imposition of costs serves as a reminder that court proceedings must be respected, and undue delays can result in penalties.
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TAGS: Delhi High Court eviction case tenant rights Delhi Rent Control Act final opportunity costs imposed.
