EIH ASSOCIATED HOTELS LTD. Vs. NEEMA BAKSHI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed for quashing order dated 04.01.2012 passed by learned Rent Controller No.VII, Shimla, rejecting the application No. 39/6 of 2008 for amendment of petition No.15-2 of 2009/05. The petitioner has filed application under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 ( for short 'Act') against respondent which is pending.

(2.) The pleaded case of the petitioner is that originally the ejectment petition was filed through Major Rajesh Chauhan, a duly constituted attorney and General Manager of Cecil Hotel, a unit of petitioner. The application for amendment of the petition was moved on 19.06.2006 through Major Rajesh Chauhan. In the meantime, before decision of amendment application, an application under Order 1 Rule 10(2) read with Section 151 CPC was filed on 12.07.2007 for impleading M/s EIH Associated Hotels Limited, which was allowed on 14.08.2007.

(3.) The petitioner then filed amendment application on 28.06.2008 which was dismissed on 25.10.2008. The order dated 25.10.2008 was assailed in CMPMO No.666 of 2008 which was allowed on 01.12.2008. The Rent Controller was directed to decide the amendment application expeditiously. In the meantime, petition was transferred to learned Rent Controller, VII, Shimla. P.S. Bakshi original tenant also died and his legal representative was brought on record. The amendment application was dismissed on 04.01.2012.