The High Court allowed the petitioner Delhi Transco Ltd to place the copy of Award No.21/83-84 on record in an underlying civil suit to consider as evidence, consistent with a relief granted in a connected matter.
Petitioner allowed to place the copy of Award No.21/83-84 on record; the Award shall form part of evidence.
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DELHI TRANSCO LTD ..... Petitioner Through: Mr.Rajeev Nayan, Advocate for Mr.S.K.Chaturvedi, Advocate.
versus
VAKIL CHAND & ORS ..... Respondents Through: Ms.Nishtha Gupta, Advocate for R-2.
CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI
O R D E R % 07.01.2016
CM(M) 334/2015
Page 1 of 4
CM(M) 334/2015
limited relief has been granted to the petitioner to place the copy of Award No.21/83-84 and same relief may be granted in this case as well.
“CM(M) 336/2015
1. The petitioner has invoked the extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India praying for setting aside the orders dated 24.07.2015 and 05.01.2015 passed by learned Trial Court in Civil Suit No.232/2012 and allowing the petitioner to place on record the list of witnesses and also to summon the said witnesses to place and prove the documents i.e. complete mutation file and Award No.21/83-84.
2. Learned counsel for the petitioner submits that the grievance of the petitioner would be redressed if the copy of the Award No.21/83-84 pertaining to Village Madipur, Delhi through which land bearing Khasra No.583/2 & 584/2 was acquired by Land Acquisition Collector, is allowed to be placed on record so as to be considered by the learned Trial Court for purpose of adjudication of the dispute between the parties.
3. Learned counsel appearing on behalf of respondents submit that respondents have no objection if the copy of the Award No.21/83-84 pertaining to Village Madipur, Delhi through which land bearing Khasra No.583/2 & 584/2 was acquired by Land Acquisition Collector, is permitted to be placed on record. It is further submitted that the Award being a public document, requires no formal proof and the Court may consider the same, if found necessary for purpose of adjudication of the dispute between the parties.
4. In view of the above submissions made on behalf of the parties, the prayer of the petitioner is allowed to the extent that he shall place on record the copy of the Award No.21/83-84 pertaining to Village Madipur, Delhi through which land
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CM(M) 334/2015
bearing Khasra No.583/2 & 584/2 was acquired by Land Acquisition Collector. The Award shall form part of the evidence and to be read as evidence, if considered relevant by the learned Trial Court to adjudicate the dispute between the parties pending before it.
5. The petition stands disposed of in above terms.
6. A copy of this order be sent to the concerned Court and be also given dasti to learned counsel for the parties, as prayed.”
CM(M) 334/2015 Page 3 of 4
between the parties pending before it.
dasti to learned counsel for the parties, as prayed.
CM No.7067/2015 (Stay)
Dismissed as infructuous.
PRATIBHA RANI, J.
JANUARY 07, 2016
‘st’
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CM(M) 334/2015
1 issue framed by the court
Whether the petitioner should be allowed to place the copy of Award No.21/83-84 on record in Civil Suit No.1043/2006.
Delhi Transco Ltd
Vakil Chand
Pratibha Rani
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
