Babita Rani vs Ajay Steel Rolling Mill

Rajan Gupta, J.—After arguing at some length, learned Counsel for the Petitioner submits that he may be allowed to withdrawthis petition with liberty to Petitioner to raise all herpleas before the trial court at an appropriate stage. Learned Counsel, however, submits that Petitioner, who is alady residing in Panchkula, has to be present in court atAmloh on each and every date of hearing resulting inconsiderable harassment. Thus, her personal appearancebefore the trial court may be exempted.

In view of the statement made by learned Counselfor the Petitioner, this petition is dismissed as withdrawnwith liberty as aforesaid.

In the facts and circumstances of the case, it isdirected that in case an application is moved before thetrial court for exemption from personal appearance of thePetitioner, the same shall be considered by the trial court in accordance with law. The trial court may exempt thepersonal appearance of the Petitioner on such terms andconditions as it deems necessary. The Petitioner may beallowed to appear through her counsel except on the dateswhen her presence before the trial court is absolutelynecessary.