B L Virmani vs M/S Madhu Mala Properties Pvt Ltd on 13 February, 2019

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Delhi High Court - Orders

B L Virmani vs M/S Madhu Mala Properties Pvt Ltd on 13 February, 2019

Bench: Yogesh Khanna

$~41
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    RC.REV. 87/2019
     B L VIRMANI
                                                    ..... Petitioner
                     Through : Mr.V.N.Sharma, Advocate.

                          versus

     M/S MADHU MALA PROPERTIES PVT LTD
                                                           ..... Respondent
                          Through :   None.

     CORAM:
     HON'BLE MR. JUSTICE YOGESH KHANNA
                     ORDER

% 13.02.2019 CAV No.137/2019 Though caveat is filed, but none appears for the respondent/ caveator.

CM APPL No.6767/2019

Exemption allowed, subject to all just exceptions. The application stands disposed of.

RC.REV. 87/2019 & CM APPL No.6766/2019 Petitioner assails the impugned order dated 16.07.2018 passed by the learned Trial Court whereby the leave to defend application of the petitioner was dismissed and eviction order was passed in favour of the respondent.

The learned counsel for the petitioner says the respondent is a private limited company and the issue as to if the limited company can maintain a petition under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 or has to file only under Section 22 of the DRC Act is an issue subjudice before the Division Bench of this Court and as such this petition needs consideration.

None appears for the respondent despite filing caveat. In the circumstances, issue notice to the respondent through all modes returnable on 08.03.2019. Additionally, dasti notice through the learned counsel for respondent as appearing before the learned Trial Court.

YOGESH KHANNA, J.

FEBRUARY 13, 2019 M

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Delhi High Court - Orders