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Judgment
Learned Counsel for Petitioner firstly mention that his file is lost. He will have to move an application for obtaining certified copies of the pleadings and evidences and then after he will be in a position to argue. A request for adjournment was made. This was vehemently opposed by other side with this contention that on previous date it was specifically mentioned that the adjournment is deliberate one and the court had imposed a cost of Rs. 2000/-, to be borne by Petitioner. But this cost was also not paid and again this adjournment is being requested.
Gone through previous order and found the contention of Respondent’s counsel present over Order-Sheet. Then a denial for accommodation was there. Again Learned Counsel mentioned that he will be in a position to argue the case without the record, though main Petition has been dismissed, but the present dispute is regarding restitution for alleged benefit taken by Petitioner. It is an arguable case, for which this request is being made.
This was further objected by other side. Further Court mentioned that it is a further exercise for adjournment. Once a good case is there, then the arguments is to be advanced and in case of willingness, written arguments may be filed by counsel for Petitioner and arguments by other side may be heard. It was mentioned by counsel for other side that arguing counsel is busy in Court No. 1 and just after conclusion of arguments he will argue in this Petition. Learned counsel for Petitioner shows his inability and an accommodation for coming back from Hon’ble High Court of Delhi, after his arguments there at, in a case.This again was objected and Court too observed that it is another exercise of adjournment. But as the Petition is old one and a short accommodation is being requested.
Hence, list the matter on 07.07.2023 ‘for arguments’ subject to payment of Rs. 2000/- cost, previously imposed, by Petitioner.