In High Court C.M. M. No. 34/2016, Justice Indermeet Kair disposed of the appeal against an order granting extended limitation for filing leave to defend. The ARC extended time because the respondent had furnished an incomplete paper book to the tenant's counsel immediately after service.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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..... Petitioner Through Mr.V.P.Katiyar and Mr. Mohd. Shamim, Advocates.
versus
DEEPAK MALHOTRA
..... Respondent Through None.
CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR
C.M. No.1343/2016 (exemption)
Exemption is allowed subject to just exceptions. Application disposed of.
CM(M) 34/2016& C.M. No.1342/2016
Petitioner is aggrieved by the order dated 10.12.2015 vide which the limitation for filing application seeking leave to defend had been granted w.e.f. 10.12.2015 and rightly so as the learned ARC noted that although service had been effected on Deepak Malhotra on 02.11.2015 yet an application had been filed immediately thereafter i.e. on 04.11.2015 before the learned ARC where it has been pointed out by the respondent that certain pages of certain documents i.e. page nos.2,4,10,12,14 and 16 were missing. The set being incomplete, the learned ARC had directed that the complete set of paper book be
furnished to the respondent/tenant and accordingly limitation for filing application seeking leave to defend would commence from that date.
The discretion exercised by the learned ARC calls for no interference as the learned ARC had rightly observed that it was not a case of inordinate delay in filing application seeking a legible copy of the missing documents; the application had been filed immediately on receipt of summons.
In this background, the impugned order calls for no interference. Dismissed.
INDERMEET KAUR, J
JANUARY 15, 2016 ndn
2 issues framed by the court
Whether the High Court Arbitrator and Conciliator correctly commuted the limitation period for filing an application seeking leave to defend due to an incomplete paper book.
Whether the discretion exercised by the learned ARC in the presence of inordinate delay should be interfered with by this Court.
Mahender Kaur
Deepak Malhotra
INDERMEET KAUR
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
