Delhi High Court - Orders
Om Prakash Ashok Kumar & Sons vs Shri Ajay Khurana on 12 October, 2023
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 284/2023
OM PRAKASH ASHOK KUMAR & SONS ..... Petitioners
Through: Mr. S.C. Singhal and Mr. Amir Rabbani,
Advocates
versus
SHRI AJAY KHURANA ..... Respondent
Through: Mr. Shekhar Dasi, Mr. S.K. Gupta
and Mr. Ayush Dassi, Advocates
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 12.10.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM No.53219/2023 [Exemption]
1. Allowed subject to all just exceptions.
2. Application stands disposed of.
RC.REV. 284/2023 and CM No.53218/2023 [Application seeking interim reliefs]
3. The present petition impugns order dated 17.07.2023 passed by learned JSCC/ASCJ/GJ (North-West) Rohini Courts, Delhi in RC ARC No.156/2022 wherein the Application seeking leave to defend/contest filed by the Petitioner/tenant has been dismissed.
3.1 The premises in issue is ground floor at property at 53/8, W.E.A. Karol Bagh, New Delhi-110065 [hereinafter, referred to as the 'demised premises'].
4. Mr. Singhal, learned Counsel appearing on behalf of the Petitioner submits that the lis involved in the present Revision Petition is a subject RC.REV. 284/2023 page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 13:08:16 matter of reference before a Division Bench of this Court. 4.1 Reliance has been placed by learned Counsel for the Petitioner on the Decision of the Coordinate Bench dated 22.12.2017 in the matter of RC. REV. 18/2016, titled K.S. Bhandari vs. International Security Printers Pvt. Ltd. Relevant extract reads as under :
"50. On the basis of the above and for the sake of convenience, I hereinbelow list the questions which may be answered by the Division Bench:
(i) Where the landlord is a company or other body corporate or any local authority or any public institution and the premises are required for the use of employees of such landlord, whether such landlord has a choice, whether to invoke Section 14(1)(e) or Section 22 of the Act...."
4.2 Mr. Singhal requests for sometime to place on record the documents in support of this contention including the up-to-date orders of the Division Bench in the matter.
5. It is additionally contended by learned Counsel for the Petitioner that the Trial Court did not adequately address the issues with respect to availability of additional accommodation. It has been pleaded that the Respondent/landlord has another premises in Gurgaon and alternate accommodation, adjoining the demised premises.
6. Mr. Dasi, learned Counsel who appears on advance notice, on behalf of the Respondent/landlord, refutes both the contentions of the learned Counsel for the Petitioner/tenant.
6.1 It has contended that firstly, in the abovementioned case, the landlord is a company or other body corporate whereas the landlord in the present RC.REV. 284/2023 page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 13:08:16 case is an individual hence, the question that has been referred by a Co- ordinate Bench of this Court is not an issue in the present case. 6.2 So far as concerns the question of additional accommodation, the learned Counsel for the Respondent/landlord submits that additional accommodation in Gurgaon is a premises taken on rent by the Respondent/landlord and that the adjoining premises is co-owned by the Respondent/landlord and his brother. Hence, there is no additional accommodation available to the Respondent/landlord.
7. Learned Counsel for the parties shall file their respective written synopsis, not exceeding three pages each, at least one week before the next date of hearing, along with compilations of judgments, if any, they wish to rely upon.
7.1 All judgments sought to be relied upon by the learned Counsel for the parties shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.
8. List on the issue of maintainability on 19.03.2024.
9. In the event, Bailiff is appointed by the Executing Court, the Petitioner/tenant is at liberty to approach this Court.
10. An e-copy of the Trial Court record be requisitioned one week before the next date of hearing.
TARA VITASTA GANJU, J
OCTOBER 12, 2023
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RC.REV. 284/2023 page 3 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 13:08:16