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Gurvinder Singh Bakshi vs Gian Chand Ralhan

Delhi High Court · Decided on 23 September 2020 · Citation: (2020) 09 DEL CK 0139

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Order 39 Rule 1, Order 39 Rule 2
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous (Main) No. 468 Of 2020
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Judgment

15 paragraphs · 334 words

Sanjeev Sachdeva, J

CM APPL.23607/2020 (exemption)

Exemption is allowed subject to all just exceptions.

CM(M) 468/2020 & CM APPL.23606/2020 (stay)

1.

The hearing was conducted through video conferencing.

2.

Petitioner has filed the subject petition seeking advancing of the date of hearing before the Trial Court from 27.10.2020 to any earlier date and further seeking a direction to the respondent to maintain status quo pending the disposal of his application under Order 39 Rules 1 and 2 CPC filed before the Trial Court.

3.

Petitioner has filed the subject suit seeking specific performance of Collaboration Agreement dated 11.12.2019.

4.

Mr. Sanjeet Ralhan, son of the respondent, who is connected through video conferencing, submits that the agreement was cancelled and the entire amount received in advance was refunded to the petitioner.

5.

Mr. Sanjeet Ralahn further submits that he has not received the documents from the Trial Court and has made several requests to the Reader of the Trial Court to provide copies of the documents, but they have not been supplied.

6.

Learned counsel for the petitioner submits that petitioner shall forward the digital copy of the entire documents filed before the Trial Court to the respondent within two days from today. The statement is taken on record.

7.

Mr. Sanjeet Ralhan further submits that there is another collaboration agreement with another builder and the construction is going on.

8.

Perusal of the record shows that the petitioners have already filed an application seeking early hearing before the Trial Court.

9.

Since the petitioners have already filed an application before the Trial Court seeking early hearing, I am not inclined to entertain the present petition. However, it would be open to the petitioners to pray to the Trial Court for expeditiously taking up his application under Order 39 Rules 1 and 2 CPC.

10.

Petition is, accordingly, disposed of.

11.

Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.