SANJAY WALIA Vs. SNEHA WALIA

JUDGEMENT

(1.) CM No.15746/2013 (of petitioner for waiver of cost imposed on 06.08.2013) Considering the adjournments taken by the petitioner on various dates, as noted in the last order, there is no ground for waiver of the cost. However, the cost is reduced to Rs 10,000/-. The application stands disposed of.

(2.) Initially, since the petitioner had also challenged the vires of Section 9 of the Act, the petition was heard by a Division Bench. The Court, vide an interim order dated 30.09.2010, stayed the order passed by the Tribunal, subject to the petitioner paying a sum of Rs 25,000/- per month to respondent No.1 by way of a bank draft. Vide subsequent order dated 02.11.2011, the Court, noticing that the second floor was lying locked and vacant, allowed respondent No. 1 to let out the same so that rental income could start accruing from the said floor. It was further directed that respondent No.1 was shall retain 50% of the rental income in a separate bank account and shall be entitled to expend the remaining 50% of the rental income. However, the aforesaid floor has not been let out and it continues to be in possession of respondent No.1, pursuant to the Court handing over the key of the second floor to her. It would be pertinent to note here that the keys of the second floor were deposited by the petitioner in the Registry pursuant to an interim order of the Court. Vide subsequent order dated 07.02.2012, the Division Bench permitted respondent No.1 to carry out necessary rectification/repair, in order to make the aforesaid portion habitable so that it could let out to a tenant. It was further directed that bills of the expenditure incurred shall be furnished to the Court and the question of reimbursement of the expenditure shall be considered along with the writ petition.

(3.) Section 9 of the Act reads as under:-