Rais Khan vs. Devendra Mohan Bhola

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Writ Miscellaneous Application No. 331 / 2017

In

S.B. Civil Writ Petition No. 15905/2016

Rais Khan Son of Shri Abdul Wahid, Aged About 50 Years, Resident of Shop No. 3, Link Art Tailors, Wadhva Medical Ki Gali, Jain Mandir Road, Kota Junction, District Kota, Rajasthan.

----Petitioner

Versus 1. Davendra Mohan Bhola S/o Purushottam Bhola

2. Manoj Kumar S/o Davendra Mohan Bhola,

Both Resident of Wadhva Medical Ki Gali, Jain Mandir Road, Kota Junction, District Kota Rajasthan

_____________________________________________________

----Respondents

For Petitioner(s) : Mr. Satish Pachori

For Respondent(s) : Mr. Caran Bhatnagar

HON'BLE MR. JUSTICE ALOK SHARMA

_____________________________________________________

Order

25/07/2017

The matter comes up on an application for extension of time in filing the undertaking before the Rent Tribunal, as directed by this Court under its order dated 7.3.2017.

It has been submitted that the undertaking could not be filed within a period of 30 days from the date of order passed by this Court, as was directed. The said undertaking was filed on 15.4.2017, whereas it ought to have been filed on or before 6th April, 2017.

Mr. Satish Pachori, Advocate appearing for the applicant submits that the delay is only technical in nature, no prejudice has been caused to the opposite party and hence the time for filing the undertaking before the Rent Tribunal, as directed by this Court under its impugned order, be extended till the date of its filing.

Mr. Caran Bhatnagar, counsel for the non applicant submits that the negligence of the applicant has led to another round of litigation, for which the non applicant is entitled to be compensated by way of costs.

Heard. Considered.

In the interest of justice, the time for filing of the undertaking, as directed by this Court under its order dated 7.3.2017 is extended till the date of its filing before the Rent Tribunal. However, as the non applicant has been unnecessarily put to another round of litigation, it will be appropriate to visit the applicant-petitioner with the cost of Rs. 2000/-, to be paid to the non applicant before the Rent Tribunal, which will accept the undertaking, as directed by this Court under its order dated 7.3.2017 only on payment of costs, as aforesaid.

The application stands disposed of.

(ALOK SHARMA) J.

DK