Bharat Investment Corporation vs Sanjana Sain

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1010

C. HARI SHANKAR
Bharat Investment Corporation – Appellant
Versus
Sanjana Sain – Respondent

Advocates appeared:
Mr. Mohd. Ahmed, Advocate, with, Mr. Hira Lal Govind Ram, for the Appellant;

JUDGEMENT

1. Despite service of notice, there is no appearance on behalf of respondent.

2. The matter has been passed over and called out at second time. The respondent is still not available.

3. The court has accordingly heard learned Counsel for the petitioner and proceeds to dispose of the petition, as the issue involved is short.

4. The impugned order, dated 4th March, 2022, was passed by the learned Additional Rent Controller ('the learned ARC') in E No 78997/2016 (Smt. Sanjana Saini v. Bharat Investment Corporation), which was an eviction petition preferred by the respondent against the petitioner.

5. Given the limited nature of the controversy in these proceedings, it is not necessary to advert to the specifics of the dispute between the parties. Suffice it to state that vide order dated 14th December, 2021, the learned ARC rejected the request, of the petitioner (the respondent before the learned ARC), seeking an adjournment on the ground of indisposition of the respondent's witness, who was a senior citizen.

6. The learned ARC was of the opinion that as the matter had been adjourned since long, awaiting recording of the petitioner's evidence, and costs had also been imposed on