Harish Sabharwal v. Gurmeet Singh Baweja & Ors

ORDER t9.12.2011 Caveat No.11412911 in tAO (.QS) No,603/2011 CayqalNg.11al/2011 in FAo (ost No.60a4011 Learned ceunsel for the respondenJs have entered appearance and, thus, the caveats stand discharged. CM Nos.22821-2282212011 (Exemption) in FAO (OS) No.603/2011 CM Nos.22823-22824l2Q11 (Exemption) in FAO (OS) No.604/2011 Allowed subject to just exceptions. FAO (OS) No.603/2011 & FAO (OS) No.604/2011 After hearing learned counsels for the parties, it is agreed that the appeals be disposed of in the following terms: i. The appeals are not pressed by leamed counsel for the appellants, on instructions, in view of agreed terms. Needless to say that any observations made in the impugned order whether qua the appellants or the respondents are only prima facie in nature and would not prejudice the trial in any manner. ii. The original documents be filed by the appellants on or before

24.12.2011. iii. The written statements along with all the documents will be filed on or before 6.1.2012. iv. Replication, if required, will be filed within a week thereafter. v. The parties will file their affidavits of admission/denial of each other's documents within a week thereafter. vi. It is agreed that the exhibiting of documents and recording of evidence can take place before a retired Judicial Officer, who may be appointed as the Local Commissioner in order to expedite trial in the matter keeping in mind the nature of suit being really an election petition. a a FAO (OS) No.603/2011 & FAO (OS) No.604/2011 i a ^ D vii. It is agreed that Nik. S.M. Chopra, Additional District & Sessions Judge (Retd.), Flat No.181, Desh Bandhu Apartment$, Kalkaji, New Delhi-l10019 (Mqbile No.921323Q349) be appointed as the Local Commissionqr to record evidence and the first date fixed before the Local Commissioner is 2Q.L.2Q12 at 4:00 p.m. for exhibiting of documents. viii. The matter will be listed before the Court for framing of issues on r.2.2012. ix. The affidavits of evidence of the appellants will be filed within two (2) weeks of the issues being framed. On completion of cross-examination of the appellants' witnesses, the respondents will file their afFrdavits ef examination-in-chief within two (2) weeks thereafter x. The subsequent dates will be given by the T-ocal Commissioner, . who will endeavour to complete recording of evidence within a maximum period oftwo (2) months from the first date. xi. The suit will be listed for necessary directions before the Court on

28.3.2012 for fixing the date for final hearing in the suit. xii. Leamed counsels for the parties will make arrangement for recording of evidence in the High Court premises. xiii. The fee of the Local Commissioner is tentatively fixed at <50,Q00.00 apart from out-of-pocket expenses to be shared equally by the two set of parties. The appeals are accordingly disposed of in the aforesaid terms leaving the parties to bear their own costs. FAO (OS) No.603/201I & FAO (OS) No.604/201 I Page 3 of4 v ' A copy of the order without precess fee be sent expeditiously to the Local Qommissioner. Dasti to lgarned counsels for the parties. # qANJAY KISTIAN KAUL, J. a a o'/q,llilr/ \J DECEMBER 19, 2011

RAJIV SHAKDHER, J. b'nesh FAO (OS) No.603/2011 & FAO (OS) No.604/2011 Page 4 of4

J $''* IN THE HIGH qOVRT OF D4LHI AT NEW DSL]II . + FAO(OS) 603t2QrI NIMNJAN LAL GIJPTA ..... Appellant Through: Mr. Aman Lekhi & Mr. Raman Kapur, Sr. Advs. with Mr. N. Prabhakar, $.dv. along with Appellant in person. versus GURMEET SINGH BAWEJA & ORS ..... Respondents Through: Mr. Ajay Burman, Adv. for R-l. Respondent No.2 in person. Mr. Kirtiman Singh, Adv. for R-3. Mr. Maninder Singh, Sr. Advocate with Mr. Pawanjit S. Bindra, Advocate forRespondents 4 &5. Respondent No.6 is proforma rgspondent. + FAO(OS) 60412011 HAzuSH SABHARWAL ..... APPellant Through: Mr. Aman Lekhi & Mr. Raman Kapur, Sr. Advs. with Mr. N. Prabhakar, Adv. along with Appellant in person. versus GURMEET SINGH BAWEJA & ORS ..... Respondents Through: Mr. Ajay Burman, Adv. for R-l. Respondent No.2 in person. Mr. Kirtiman Singh, Adv. for R-3. Mr. Maninder Singh, Sr. Advocate with Mr. Pawanjit S. Bindra, Advocate for Respondents 4 &,5. Respondent No.6 is proforma respondent. 9ORAM: HON'BLE MR. JUSTICE SANJAY KTSHAN KAUL HON'BLE MR. JUSTICE RAJIV SHAKDHER FAO (OS) No.603/2011 & FAO (OS) No.604/201I I, " *..? . ...,, ,1r rr " ' l' *!1'{ r{i* r . \ }"'i ' t Page I of4 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. h t* at o