Delhi High Court - Orders
Shri Narsingh Shah vs Bdr Developers Pvt. Ltd on 17 November, 2022
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~51(Appellate)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1238/2022 & CM APPL.49315/2022, CM
APPL.49316/2022
SHRI NARSINGH SHAH ..... Petitioner
Through: Mr. Ashwin Vaish and Mr. V.
Thomas, Advs.
versus
BDR DEVELOPERS PVT. LTD ..... Respondent
Through: Mr. Akhil Sachar, Ms. Sunanda and Mr.
Arnav Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 17.11.2022
1. The impugned order dated 5th November 2022 purports to have been passed under Order XV A(2) of the Code of Civil Procedure, 1908 (CPC) as applicable to the State of Delhi.
2. It is alleged, in the impugned order, that the petitioner defaulted in filing a response to the show cause notice dated 7th October 2021 which was purportedly passed by the learned District Judge ("the learned ADJ") under Order XV A(2).
3. The show cause notice under Order XV A(2) has necessarily to allege default on the part of the defendant, in compliance with a prior order for payment, passed under Order XV (1).
4. To a query from the court as to whether there was, prior to order 7th October 2021, any order directing payment either of the arrears of the rent either in whole or in part or directing payment of rent on a month to month basis thereafter, Mr. Sacchar has not been able to Signature Not Verified Digitally Signed By:KAMLA RAWATCM(M) 1238/2022 Page 1 of 2 Signing Date:24.11.2022 14:17:26 show any order directing the payment of rent on a month to month basis.
5. Mr. Sachhar, relies on an order dated 1st September 2020 passed by this Court in CM (M) 412/2020 at page No.50 of the paper book, which records the direction, of this Court to the petitioner to clear the entire arrears at the rate of ₹ 50,000/- per month within a period of four weeks from that date. Mr Vaish submits that the said order stands complied with.
6. Prima facie, the said order can be treated as an order passed under Order XV A (1).
7. Mr. Sachhar seeks a day's time in order to ascertain whether there has been compliance, by the petitioner with the direction contained in the aforesaid order.
8. Accordingly, renotify on 21st November 2022.
9. Till 21st November 2022, no orders striking/taking off the defence of the petitioner in CS DJ/469/2019 shall be passed by the learned ADJ.
C.HARI SHANKAR, J NOVEMBER 17, 2022/ak Signature Not Verified Digitally Signed By:KAMLA RAWATCM(M) 1238/2022 Page 2 of 2 Signing Date:24.11.2022 14:17:26