Sheela Devi @Sheela Bansal v. Chandan Arora and Anr.

Delhi High Court · 16 Jul 2020 · 2020:DHC:2298
Sanjeev Sachdeva
CM(M) 380/2020
2020:DHC:2298
civil petition_allowed Procedural

AI Summary

The Delhi High Court set aside an adjournment order and directed expeditious hearing of an eviction petition on bonafide necessity grounds during the COVID-19 pandemic in accordance with administrative directions.

Full Text
Translation output
CM(M) 380/2020
HIGH COURT OF DELHI
JUDGMENT
delivered on: 16.07.2020
CM(M) 380/2020
SHEELA DEVI @SHEELA BANSAL ..... Petitioner
versus
CHANDAN ARORA AND ANR. ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Harsh Kumar with Ms. Sikha Gogoi, Advocates.
For the Respondent: Mr. Gaurav Seth, Advocate.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.15220/ 2020 (exemption from filing typed copies of annexures) & CM APPL.15221/2020 (exemption from filing attested affidavits, signatures of petitioner and court fee)
Exemptions are allowed subject to all just exceptions. The duly attested copy of affidavits and court fee shall be filed within one week of the resumption of the regular functioning of the Court.

1. The hearing was conducted through video conferencing.

2. Petitioner impugns order dated 01.07.2020, whereby, petition of the petitioner seeking eviction under Section 14(1)(e) of the Delhi 2020:DHC:2298 Rent Control Act has been adjourned to 18.08.2020 on the ground of COVID-19 pandemic.

3. Learned counsel for the petitioner refers to the Office Order dated 16.05.2020, wherein, this Court has, on the administrative side, directed that the eviction petition filed on the ground of bonafide necessity in which leave to defend is pending for disposal before the Rent Controller/Additional Rent Controller can be taken up for consideration during this period.

4. Learned counsel appearing for the respondent submits that he has no objection to the leave to defend application being taken up for consideration as the matter is ripe for hearing of the leave to defend application.

5. In view of the above, impugned order dated 01.07.2020 is set aside. The Eviction Petition is directed to be listed before the concerned Additional Rent Controller on 22.07.2020 for fixing a date for hearing of leave to defend application.

6. Petition is, accordingly, allowed in the above terms.

7. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email. JULY 16, 2020/ st SANJEEV SACHDEVA, J