Disposed

Mahipal Mohnot v. Manoj Kumar Singhvi

Rajasthan HC20 Dec 2021CW/3062/2020

Case brief

AI extract

What is this about?

The High Court granted the petitioner one last opportunity to cross-examine a landlord witness despite repeated summonses failures. It depaited a cost of Rs. 25,000 and disposed of stay petitions connected to both writ petitions.

What did the court decide?

Petitioner granted one last opportunity to cross-examine landlord witness upon deposit of Rs. 25,000; stay petitions disposed. Previous stay made absolute.

Mahipal Mohnot Vs Manoj Kumar Singhvi — Writ and Judicial Review | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 536/2019

¶3

Mahipal Mohnot S/o Late Sh. Kanwal Mal Mohnot, Aged About 65 Years, By Caste Oswal, R/o House No. B-10, Kamla Nehru Nagar, Jodhpur, Rajasthan.

¶4

----Petitioner

¶5

Versus

¶6

Manoj Kumar Singhvi S/o Late Sh. Chandmal Singhvi, By Caste Jain, R/o Manoj Bhawan, Opposite Kankaria Building, First A Road, Sardapura, Jodhpur, Rajasthan.

¶7

----Respondent

¶8

Connected With

¶9

S.B. Civil Writ Petition No. 3062/2020

¶10

Mahipal Mohnot S/o Late Sh. Kanwal Mal Mohnot, Aged About 65 Years, B/c Oswal, R/o House No. B-10, Kamla Nehru Nagar, Jodhpur, Rajasthan.

¶11

----Petitioner

¶12

Versus

¶13

Manoj Kumar Singhvi S/o Late Shri Chandmal Singhvi, B/c Jain, R/o Manoj Bhawan Opposite Kankaria Building, First A Road, Sardarpura, Jodhpur, Rajasthan.

¶14

----Respondent

¶15

For Petitioner(s)	: Mr. Ashok Chhangani Mr.Avin Chhangani
For Respondent(s)	: Mr. Narendra Thanvi
	Mr. Mahendra Thanvi

¶16

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶17

Order

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20/12/2021

¶19

In S.B. Civil Writ Petition No. 3062/2020:

¶20

Vide order dated 03.03.2020, a coordinate Bench passed the

following order:

(2 of 3)

[CW-536/2019]

"It is submitted by learned counsel for the petitioner that on the date when the evidence of the petitioner was closed, the petitioner was indisposed and could not appear for leading his evidence, however, the Tribunal without looking into the plea raised by the petitioner on account of his previous conduct in the matter, has closed the evidence.

¶25

In view of the submissions made, issue notice. Issue notice of the stay application also, returnable within a period of four weeks.

¶26

Notices when issued be given ‘dasti’ to learned counsel for the petitioner.

¶27

In the meanwhile, in case, on the next date fixed before the Rent Tribunal i.e. 11.03.2020, the petitioner produces himself for cross-examination and pays a cost of Rs.10,000/- to the respondent/counsel for the respondent, the petitioner would be permitted to be cross-examined by the Tribunal.

¶28

It would be required of the petitioner to deliver a copy of this order alongwith his affidavit to the counsel for the respondent on or before 09.03.2020.

¶29

In case, the prayer is opposed and the cost is not accepted, further proceedings in case No. 23/2014 (NCV No.1708/2014) pending before the Rent Tribunal, Jodhpur Metropolitan, shall remain stayed.

¶30

It is made clear that in case, the petitioner does not produce himself for cross- examination/deliver the copy of this order alongwith his affidavit/pay the cost, no further opportunity shall be granted to the petitioner."

¶31

Learned counsel for the parties are jointly submit that in pursuance of the order dated 03.03.2020, the cost has been accepted.

¶32

In light of such submission, the present petition is disposed of while directing the order of 03.03.2020 to have become absolute.

¶33

(3 of 3) [CW-536/2019]

¶34

Stay petition as well as all pending applications also stand disposed of accordingly.

¶35

In S.B. Civil Writ Petition No. 536/2019:

¶36

In the connected writ petition bearing no.3062/2020, this Court disposed of the writ petition, as the cost was accepted by the respondents while directing that the cross-examination be allowed.

¶37

In this writ petition, the petitioner seeks opportunity for cross-examination of the witness-landord, despite the witness summoning for 14 times, he has not been cross-examined by the petitioner.

¶38

This Court takes very serious view of the petitioner's conduct of not examining the witness-landlord even after summoning 14 times, however, in the interest of justice, one last opportunity is given to the petitioner. The petitioner shall pay cost of Rs.25,000/-, which shall be deposited before the learned court below and learned court below shall release it to the respondent. It is made clear that one last opportunity to cross-examine the witness-landlord shall be granted to the petitioner thereafter.

¶39

In case, he fails to utilize the same, no further opportunity shall be granted and this order shall automatically stand nullified thereafter.

¶40

Stay petition as well as all pending applications also stand disposed of accordingly.

¶41

(DR.PUSHPENDRA SINGH BHATI),J.

¶42

118-119-Sudheer/-

Mahipal Mohnot v. Manoj Kumar Singhvi

Case brief

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Mahipal Mohnot v. Manoj Kumar Singhvi

Case brief

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