BDR Builders and Developers Private Limited v. Sh Shrichand Bijlani

Delhi High Court · 13 Aug 2024 · 2024:DHC:6128
Manoj Jain
CM(M) 590/2023
2024:DHC:6128
civil petition_dismissed

AI Summary

The High Court directed the trial court to consider all Local Commissioner reports and objections, allow fresh objections, and pass an appropriate order, disposing of the petition accordingly.

Full Text
Translation output
CM(M) 590/2023 1
HIGH COURT OF DELHI
Date of Decision: 13th August, 2024
CM(M) 590/2023& CM APPL. 17989/2023 & CM APPL.
22250/2023 BDR BUILDERS AND DEVELOPERS PRIVATE LIMITED .....Petitioner
Through: Mr. Akhil Sachar
WITH
Mr. Sangam Singh, Mr. Sanjay Bansal and Mr. Kashish Maheshwari, Advocates.
VERSUS
SH SHRICHAND BIJLANI .....Respondent
Through: Mr. Madhvendra Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. After hearing arguments for some time, learned counsel for petitioner submits that he would have no objection if the learned Trial Court is requested to consider the previous report filed by the learned Local Commissioner, the objections already filed by respondents herein and also consider the subsequent report submitted by the same Local Commissioner which is presently lying in the Court in a sealed cover.

2. He, however, states that he may be given liberty to file objections, if required, with respect to such new report of the Local Commissioner.

3. Learned counsel for the respondent has also no objection to the aforesaid proposal. CM(M) 590/2023 2

4. In view of the above, the present petition is disposed of with the directions that the learned Trial Court would consider the report of the Local Commissioner already on record, the objections filed by the respondent herein, the report of the Local Commissioner which is presently lying in the sealed cover.

5. Before taking any final decision in this regard, the parties would be at liberty to file fresh objections, if any, and it is expected that learned Trial Court consider the reports and the objections, if any, and pass appropriate order after hearing both the parties in accordance with law and also in accordance with the previous order passed by this Court on 04.06.2021 in CM (M) 8/2021.

6. The petition stands disposed of.

JUDGE AUGUST 13, 2024