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HIGH COURT OF DELHI
Date of Decision: August 02, 2023
NEW ANAMIKA CO-OPERATIVE GROUP HOUSING SOCIETY
LTD ..... Petitioner
Through: Mr. Harshit Jain, Mr. Prakhar Sharma and Ms. Abha Sinha, Advs.
Through: Mr. Udit Malik, ASC, GNCTD with Mr. Vishal Chanda, Adv.
Ms. Sangeeta Chandra, Adv. (Court Commissioner)
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO, J. (ORAL)
CM. No. 30793/2023
JUDGMENT
1. This is an application filed by the petitioner with the following prayers:- “It is therefore most humbly prayed to this Hon'ble Court, that in the present facts and circumstances, to kindly allow the present application and pass appropriate order orders by appointing a Court Commissioner to step in the Shoes of Late Ms. Mamta Mehra, Advocate (one of the previous Court Commissioner) to complete the process of scrutiny and verification drives in terms of the orders dated 19.12.2012 & 03.10.2013 passed by this Hon'ble court in the present Writ Petition in the interest of Justice. W.P.(C) 7553/2012 Page 2 And Pass any other or further orders which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in favor of the plaintiff.”
2. The petitioner has filed the present application because of the untimely demise of one of the Court Commissioner appointed by this Court vide order dated October 03, 2013 namely Ms. Mamta Mehra.
3. In effect, by this application, the applicant is seeking appointment of a new Court Commissioner in place of Late Ms. Mamta Mehra. Ms. Sangeeta Chandra, the other Court Commissioner was present on the last date of hearing and she is also present today in the Court.
4. We have heard the learned counsel for the parties and Ms. Chandra on the application and are of the view, due to the untimely demise of Late Ms. Mamta Mehra, a new Court Commissioner need to be appointed. Accordingly, this Court appoints Ms. Garima Sachdeva, Adv. (Mobile No. 9910540343) as the Court Commissioner in place of Late Ms. Mamta Mehra for carrying out the mandate of this Court in the order dated October 3,
2014. The terms of appointment of Ms. Sachdeva shall be as per said order. The commissioners shall submit their report in three months.
5. During the course of hearing, it was stated by the counsel for the petitioner that the amount fixed by the Court in the year 2013 be increased. W.P.(C) 7553/2012 Page 3
6. Having considered the said submission, we increase the amount payable to the Commissioners. The Commissioners shall be paid an amount of ₹15,000/- each, per month instead of ₹10,000/- as was fixed on October 03, 2014.
7. Application is disposed of.
V. KAMESWAR RAO, J
ANOOP KUMAR MENDIRATTA, J AUGUST 02, 2023