INDUS TOWER LTD Vs. HARISH YADAV

JUDGEMENT

(1.) This hearing has been done by video conferencing.

(2.) . The Petitioners' grievance in the present petition is that an ex parte order was passed by the trial court on 17th August, 2020 restraining the construction/erection/installation of a cellular tower over property bearing no. RZ-1, Khasra No.264 and 268, Village Nasir Pur, Ashok Park, West Sagar Pur, New Delhi. The Petitioners moved an application under Order XXXIX Rule 4 CPC before the ld. ASCJ, Patiala House Courts, however, both the injunction application and the application seeking vacation have not been heard for several months. On one occasion the trial court had heard the matter but did not pass orders and the Petitioner no.1 company is incurring huge expenses, making payments to the Corporation and other authorities and still unable to make the tower operational.

(3.) . Ld. counsel for Respondent Nos.1 to 5, who are the original Plaintiffs in the suit, appear in the matter and submit that they have not delayed the matter. Ld. counsel for the SDMC is also present.