Partly allowed

Bharat Ghai through Wife Smt Harpreet Kaur v. Shri Raju Grover Since Deceased through His Legal Representatives & Anr.

Delhi HC9 May 2025CM(M)/882/2025

Case brief

AI extract

What is this about?

Petitioner sought Article 226 relief against an adjournment of final arguments in a criminal trial due to exceptional financial distress caused by the husband's coma. Court directed preponement of hearings.

What did the court decide?

Directing MACT to prepone final arguments date to 20.05.2025 and take matter on day-to-day/weekly basis.

Bharat Ghai through Wife Smt Harpreet Kaur Vs Shri Raju Grover Since Deceased through His Legal Representatives & Anr. — Delhi HC (2025) — LawSathi Research

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 09.05.2025

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- CM(M) 882/2025 & CM APPL. 28491/2025

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BHARAT GHAI THROUGH WIFE SMT HARPREET KAUR .....Petitioner

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Through: Mr. Sanjeev Ralli, Sr. Adv. with Mr. Chetanya Baweja, Mr. Ravi Kant Yadav & Mr. Praful Nawani, Advocate.

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versus

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SHRI RAJU GROVER SINCE DECEASED THROUGH HIS LEGAL REPRESENTATIVES & ANR. .....Respondents Through: Ms. Sunanda Nimisha, Adv. for R-2.

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CORAM:

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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TARA VITASTA GANJU, J.: (Oral)

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CM APPL. 28491/2025 [Exemption from filing certified/typed copies]

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Allowed, subject to just exceptions.

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The Application stands disposed of.

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CM(M) 882/2025

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The present Petition has been filed on behalf of the Petitioner under Article 227 of the Constitution of India seeking to impugn the order dated 16.04.2025 passed by the Presiding Officer, MACT-02, South West, Dwarka Court, New Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the final arguments in the matter have been adjourned to the end of July, 2025.

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Signature Not Verified

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Digitally Signed By:JAI NARAYAN Signing Da te:1 0.05.2025 13:27:45

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Page 1 of 3

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CM(M) 882/2025

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Learned Senior Counsel for the Petitioner submits that the Petitioner’s case is a case of exceptional suffering and crises. It is submitted that the husband of the Petitioner (the only earning member) was involved in an accident and has been in a coma for the last two and a half years. The family of the Petitioner comprises of her husband, her mother-in-law and two school going children.

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4.1 It is submitted that after the accident in February, 2022, the proceedings were filed in June, 2022 and that the proceedings are now at the stage of final arguments, where arguments were commenced on 28.03.2025.

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4.2 Learned Senior Counsel for the Petitioner submits that situation in the Petitioner’s house is so dire that the medical expenses of the husband of the Petitioner have not been paid in the last several months. It is submitted that because of the acute financial crises, the medical treatment of the injured has almost completely stopped. It is submitted that the family of the Petitioner had to shift residence to a rented accommodation because electricity was cut off on account of non-payment of rent and the children of the Petitioner are facing a lot of issues as their school fee for the last two years has also not been paid.

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4.3 Learned Senior Counsel for the Petitioner, on instructions, submits that no amounts have been received as compensation by the husband of the Petitioner till today. It is thus contended that the matter may be taken up hearing on a day-to-day basis and be disposed of by the learned Tribunal.

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Issue Notice.

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5.1 Learned Counsel for Respondent No.2 accepts Notice.

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Signature Not Verified

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Digitally Signed By:JAI NARAYAN Signing Da te:1 0.05.2025 13:27:45

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Page 2 of 3

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CM(M) 882/2025

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Given the order that the Court proposes to pass today, learned Counsel for the parties submit that Notice to Respondent No.1 is dispensed with.

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In view of the exceptional circumstances as set out in this Petition, this Court deems it apposite to pass the following directions:

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(i) The date of 23.07.2025 in MACT Case No.620/2022 captioned Bharat Ghai v. Raju Grover be preponed to 20.05.2025; and

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(ii) The learned Tribunal is requested to take the matter on a day-today/weekly basis, since final arguments have already commenced on 28.03.2025.

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The Petition is disposed of in the aforegoing terms.

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It is made clear that the order passed today is without any prejudice to the rights and contentions of either party.

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A copy of the order passed today shall be communicated to the Respondent No.1 in writing by the Petitioner within two days.

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The parties shall act based on the digitally signed copy of the order.

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TARA VITASTA GANJU, J

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MAY 9, 2025/ ha

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Click here to check corrigendum, if any

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Signature Not Verified

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Digitally Signed By:JAI NARAYAN Signing Da te:1 0.05.2025 13:27:45

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Page 3 of 3

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CM(M) 882/2025

Bharat Ghai through Wife Smt Harpreet Kaur v. Shri Raju Grover Since Deceased through His Legal Representatives & Anr.

Case brief

What is this about?

What did the court decide?

Bharat Ghai through Wife Smt Harpreet Kaur v. Shri Raju Grover Since Deceased through His Legal Representatives & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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