Allowed

Rajesh Akar v. M/S Eden Automotives Pvt. Ltd. Ors.

Rajasthan HC4 Sept 2015CW/12321/2015

Case brief

AI extract

What is this about?

The High Court of Rajasthan directed the Rent Control Tribunal Jaipur to expeditiously dispose of the pending eviction application No.160/2014 within six months, adhering to statutory timelines and preventing dilatory adjournments.

What did the court decide?

Rent Tribunal directed to decide eviction application within six months and adhere to Section 21(4). Frivolous applications must be decided within two days.

Rajesh Akar Vs M/S Eden Automotives Pvt. Ltd. Ors. — Landlord and Tenant | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

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Rajesh Akar Vs. M/s. Eden Automotives Pvt. Ltd. & Others (S.B. Civil Writ Petition No.12321/2015) Date of Order: September 04, 2015.

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PRESENT HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Akash Gupta, for the petitioner-landlord.

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BY THE COURT :

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This petition has been filed by the petitioner-applicant-landlord (hereinafter the landlord') praying that the Rent Control Tribunal Jaipur Metropolitan City (hereinafter the Tribunal') be directed to decide at an early date the eviction application No.160/2014, Rajesh Akar Vs. M/s. Eden Automotives Pvt. Ltd. filed under the provisions of Rent Control Act, 2001 (hereinafter `2001 Act') on 31-1-2014.

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Counsel for the petitioner submits that the petitioner applicantlandlord filed eviction application under Sections 9 and 18 of the 2001 Act on 31-1-2014. After service, counsel for the non applicant appeared and filed reply on 29-5-2014. Thereafter the case is pending and no progress has been made beyond framing of issues. Counsel submitted that Section 15(4) of the 2001 Act provides for disposal of eviction application within

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240 days from service of notice on opposite party. Reference has been made to Section 21(4) of the 2001 Act which provides that adjournment by the Rent Tribunal can be granted only on an application in writing therefor decided by a reasoned order. Yet adjournments are granted on the mere askance.

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Having heard learned counsel for the petitioner, and perused the material available on record as also the provisions of the 2001 Act, I find that the prayer sought for is reasonable. The Rent Tribunal is directed to expeditiously decide the application filed by the petitioners and in any event not later than six months from the date of receipt of the certified copy of this order. In the process, the provisions of Section 21(4) of the 2001 Act be adhered to. It is further directed that in the event of filing of frivolous application the same be decided on the same day or the following day by a reasoned and speaking order, and when necessary cost be also imposed as a measure of regulation of court proceedings.

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The writ petition stands disposed of accordingly.

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arn/

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All corrections made in the order have been incorporated in the order being emailed.

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Arun Kumar Sharma, Private Secretary.

Rajesh Akar v. M/S Eden Automotives Pvt. Ltd. Ors.

Case brief

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Rajesh Akar v. M/S Eden Automotives Pvt. Ltd. Ors.

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