Court Grants Final Opportunity in Eviction Case Amid Delays.


09 October 2024 Rent >> Property & Real Estate  

In a recent ruling in the matter of Girish Kapoor & Another v/s Roop Kishore Rastogi, the court addressed an eviction petition under the Delhi Rent Control Act, 1958, filed by the landlord against the petitioners. The petitioners challenged an order dated September 18, 2024, which closed their right to present evidence in the case.

The court's order noted that while affidavits from the petitioners’ witnesses were submitted, none were present during the scheduled hearing. The judge deemed the opportunity to present evidence as the last and final chance, leading to the closure of the petitioners' evidence.

The case is set for final arguments on October 15, 2024. The landlord's counsel argued that the petitioners had consistently sought to delay the proceedings, citing past behavior that suggested a lack of commitment to resolving the case.

 

 

In defense, the petitioners' counsel clarified that this was only the second opportunity to present evidence. The first session, held on August 3, 2024, was adjourned due to a medical emergency affecting the petitioners’ counsel. When the case was taken up again on September 18, the absence of the witnesses led to the current predicament.

The petitioners assured the court that both witnesses, Mr. Raj Kumar and Mr. Girish Kapoor, would be available for cross-examination on the next scheduled date. They also confirmed that no additional witnesses would be called.

During discussions, the landlord's counsel, while initially opposing further delays, indicated a willingness to allow one final opportunity for the petitioners to present their witnesses, provided that a substantial cost be imposed on the petitioners for the delay.

Taking into account the circumstances and the concession offered by the landlord's counsel, the court granted the petitioners one last chance to present their witnesses on October 15, 2024. However, this opportunity comes with a cost of Rs. 30,000 (Rs. 15,000 each), payable to the landlord's counsel on the same date.

The court made it clear that this would be the only effective opportunity for the petitioners to present their evidence, and both witnesses must appear to ensure the case progresses without further delays. The ruling emphasizes the court's commitment to ensuring timely justice while also holding parties accountable for procedural delays. The case will proceed with the expectation of cooperation from both sides in the upcoming hearing.

  Delhi Rent Control Act, 1958