Full Judgment
Crl.Misc.
not M-37456 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.
not M-37456 of 2011(O&M) Date of Decision :
25. 04.2013 Pankaj Arora ....Petitioners Versus Jyoti Arora and another ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present : Mr.B.S.Guliani, Advocate for the petitioner Mr.Harkesh Manuja, Advocate for the respondents MAHESH GROVER, J.
CRM No.22368 & 22449 of 2013 Allowed as prayed for.
Main case An amount of Rs.10 lacs has been paid to the respondent in Court today as per the directions given by this Court on 17.1.2013.
On 17.1.2013 learned counsel for the petitioner contended that another sum of Rs.10.50 lacs still remains outstanding which the petitioner undertakes to pay within a period of six months from today.
Having regard to the fact that petitioner has substantially shown his bona fides in giving Rs.10 lacs to the respondent, I am of the considered opinion that ex parte order ought to be set aside with a direction that the parties shall not appear before the Court of competent jurisdiction at Sonipat which would re-assess the issue at hand.
Ordered accordingly.
Parties shall appear before the said Court on 28.11.2013.
The petitioner shall deposit the remaining amount of Rs.10.50 lacs as indicated above within a period of six months before the learned Trial Court which shall then Crl.Misc.
not M-37456 of 2011(O&M) 2 disbuRs.the same to the respondent after due notice to her.
It is made clear that this order including the order setting aside ex parte order is contingent upon the petitioner complying with the order dated 17.1.2013 passed by this Court by making remaining payment as indicated above.
In case there is failure to make the payment in terms of the order dated 17.1.2013 and the instant order, respondent shall be at liberty to revive the present petition by making an appropriate application.
Needless to say that the Trial Court once it commences upon the proceedings of the case would make every endeavour to conclude the proceedings as expeditiously as possible.
During the subsistence of the proceedings before the Trial Court which are not to begin the petitioner shall continue to make payment at the rate of Rs.25,000/- per month to the respondent as is indicated in the order dated 17.1.2013.
Disposed of in above terMs.April 25, 2013 (Mahesh Grover) rekha Judge