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CM(M)204/2020,CM APPLs.6787/2020&6791/2020
NOORUL HAQ(SINCE DECEASED THR LR) Petitioner
Through: Mr. Rahul Choudhary and Mr. Avesh Chaudhary, Advocates.
(M:9958539373) .
9871626199)
Mr. Rehan Alam, Advocate for R-3.
(M:88002925974)
Petitioner VASUDEV NARULA V'
Through: Mr.Rahul Choudhary and Mr. Avesh Chaudhary,Advocates.
VIJENDER SINGHAL Petitioner
Through: Mr.Rahul Choudhary and Mr. Avesh Chaudhary,Advocates.
2020:DHC:3876 NAND LAL& ORS Respondents Mr. Rehan Alam, Advocate for R-3.
(M:88002925974)
19.02.2020
ORDER
1. The Petitioners have filed the present petitions challenging the impugned order dated 4^*^ September,2019, wherein, while adjourning the matter,the Id. Rent Control Tribunal (hereinafter, "RCT")has clarified that there is no stay ofexecution.
2. The grievance in these petitions is that an interim order had been granted by the RCT on 9^*^ August, 2019 and the same could not have been vacated without any reason whatsoever. The Sr. counsel who had to reach the Court was on his way from the Airport and hence, by the time he could reach, the matter gotover and the stay granted on9*August,2019had been vacated.
3. In connected matters viz., CM (M) Nos. 1383/2019, 1384/2019, 1385/2019 & 1386/2019 arising from the same impugned order, notice was issued on 18^*^ September 2019. Thereafter, on 19^^^ September 2019, the execution proceedings were stayed. Finally, vide order dated 3'"'' February 2020,the said petitions have been disposed ofin thefollowing terms:
CM(M)204/2020,CM(M)205/2020& CM(M)207/202 Page2of[3] in RCTNos. 95/2019, 80/2019, 81/2019 and 78/2019. It is made clear that there is no stay ofexecution in respect ofany ofthe otherparties. TheRCTshallnow adjudicate the appeals on merits and pass appropriate orders in accordance with law."
4. The present petitioners are similarly placed to the petitioners in CM(M) Nos. 1383/2019, 1384/2019, 1385/2019 & 1386/2019. Thus, the present petitions are also disposed of with the clarification that there shall be a stay of execution qua the present Petitioners till the disposal of the appeals in RCT Nos. 95/2019, 80/2019, 81/2019 and 78/2019. It is made clear that the stay of execution is applicable only in respect ofthe Petitioners who have approached this Court. The RCT shall now adjudicate the appeals on merits and pass appropriate orders in accordance with law.
5. Ld. counsel for the Respondent No.3 submits that in view of the judgment ofthe Supreme Court in Atma Ram Properties vs. M/s Federal Motors CivilAppeal 7988/2004(Decided on 10"'December,2004),use and occupation charges ought to be fixed in this matter. Letthe said request be made before the Tribunal.
6. The petitions and all pending applications are disposed ofin the above terms.Dasti.
PRATHIBA M.SINGH,J. FEBRUARY 19,2020 dj CM(M)204/2020,CM(M)205/2020& CM(M)207/202 Page^of[3]