Delhi High Court - Orders
Lorraine Monte vs Nina Bhalla on 24 November, 2021
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 392/2021, CM Nos. 41677/2021, 41678/2021 & 41679/2021
LORRAINE MONTE ..... Appellant
Through: Mr. Amiet Andlay, Adv.
versus
NINA BHALLA ..... Respondent
Through: Mr. Ajay Arora, Adv.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 24.11.2021 CM No. 41678/2021 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.
CM No. 41679/2021 (for delay) This is an application filed by the applicant / appellant seeking condonation of 515 days delay in filing the present appeal.
The submission of Mr. Amiet Andlay, learned counsel appearing for the applicant / appellant is that the impugned Judgment is dated March 4, 2020 which is immediately before the imposition of lockdown and the limitation period got expired during the COVID period and in terms of the Judgment of the Supreme Court, the appellant is entitled to the condonation of delay.
Mr. Ajay Arora, learned counsel appearing for the respondent / non- applicant accepts notice and does not seriously oppose the prayer of Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:26.11.2021 11:28:00 condonation of delay. Accordingly, the delay is condoned. The application stands disposed of.
RFA 392/2021 & CM No. 41677/2021 Notice, Mr. Arora accepts notice for the respondent and states since February 2018, the appellant has not even paid the rent / user charges, i.e., Rs.15,000/- per month as admitted by her. This aspect is also conceded by Mr. Andlay. If that be so, the appellant shall deposit the rent / user charges @ Rs.15,000/- per month w.e.f February 2018 till November, 2021 with the Registrar General of this Court and shall continue to pay the rent for the future months till the next date of hearing @ Rs.15,000/- per month to the respondent herein on or before 7th day of each calendar month. The past rent / user charges shall be deposited with the Registrar General within a period of six weeks from today.
It is made clear, the continuance of the payment of future rent to the respondent beyond the next date of hearing shall be considered on the next date of hearing. The amount to be deposited with the Registrar General of this Court shall be invested in the interest bearing FDR till further orders.
The learned Trial Court which is seized of the matter with regard to mesne profits and application for 15A filed by the respondent shall decide the same in accordance with law uninfluenced by the pendency of proceedings before this Court or any observation made in this order. Till the next date of hearing, the respondent shall not seek execution of the impugned order.
At this stage, Mr. Andlay states, the amount to be paid to the respondent shall be credited directly in the account of the respondent for which Mr. Arora shall give the bank details of the respondent. It is ordered Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:26.11.2021 11:28:00 accordingly. The amount so tendered by the appellant and accepted by the respondent shall be without prejudice to their rights and contentions.
Counsel for the parties shall file their written submissions along with the Judgments they want to rely on within eight weeks. Let a soft copy of the Trial Court Record be requisitioned for the purpose of final hearing.
List on February 22, 2022.
V. KAMESWAR RAO, J NOVEMBER 24, 2021/jg Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:26.11.2021 11:28:00