Associated Journals in HC to stay proceedings in eviction suit against tenant

Associated Journals Ltd (AJL), publisher of National Herald, urged the Delhi High Court on Friday to stay the proceedings in a trial court which has closed its right to lead evidence in a suit filed by the company to evict a tenant on its premises at ITO here.

Justice Vinod Goel, before whom the matter was listed, said the trial court was to proceed with the matter.

"They (trial court) are to proceed with the matter," the judge said after advocate Varun K Chopra, appearing for AJL, stated that the trial court was going ahead with the hearings despite the high court's October 1 order which had said proceedings in the lower court "would be subject to outcome of the present petition".

Though it did not pass any interim order on Friday, the high court asked the other side whether AJL can be allowed to lead evidence in the civil suit by imposing heavy costs on it.

The lawyer appearing for the tenant, a person running a photocopier unit, said that he does not have any instructions from his client after which the court listed the matter for hearing on December 5.

The presence of a photocopier unit is one of the grounds cited by the Land and Development Office (L&DO) in its October 31 notice directing AJL to vacate the premises given to it for publishing its newspaper.

During the brief hearing, advocate Chopra also said that the trial court was scheduled to hear the matter next on December 12 when the other side would start leading of evidence.

The present petition has been moved by AJL challenging the trial court's April 4 order closing its evidence and imposing a cost of Rs 20,000 on the company for "repeated filing" of "frivolous and vexatious" applications.

The trial court had said, "None can be allowed to make a mockery of the trial of the suit. The repeated filing of applications by the plaintiff are evidently a misuse of process of law. The applications are frivolous and vexatious and are dismissed with cost of Rs 20,000 upon the plaintiff (AJL).