Delhi High Court - Orders
Har Lal Gupta vs Anil Aggarwal on 14 September, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~5,23-24 (1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 153/2018
HAR LAL GUPTA .....Petitioner
Through: None.
versus
ANIL AGGARWAL ..... Respondent
Through: Mr M.N. Siddiqui, Advocate.
+ RC.REV. 252/2018, CM APPL. 22503/2018 & CM
APPL.32685/2018
PAWAN KUMAR JAIN .....Petitioner
Through: Ms Noopur Singhal, Advocate
versus
ANIL AGGARWAL ..... Respondent
Through: Mr M.N. Siddiqui, Advocate.
+ RC.REV. 356/2018 & CM APPLs. 30203/2018 and 20945/2020
RAM BAKSH GUPTA .....Petitioner
Through: Mr Amandeep Singh, Advocate.
versus
ANIL AGGARWAL ..... Respondent
Through: Mr M.N. Siddiqui, Advocate.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 14.09.2021 The hearing was conducted through video conferencing. CM APPL. 26150/2021 fresh by resp. for vacation of stay & for early hearing) in RC.REV. 153/2018 CM APPL. 25236/2021 (by resp. for vacation of stay and early hearing in RC.REV. 252/2018 Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:16.09.2021 13:41:17 CM APPL. 25545/2021 (by resp. for vacation of stay and/or for early hearing) in RC.REV. 356/2018
1. The applicant/respondent/landlord complains of irregular payments by the tenants/petitioners inasmuch as monies for many months in succession have not been paid by the 7th day of each Gregorian calendar month, as directed in the order dated 18.02.2019. It directs inter alia as under:
"...The future monthly user/occupation charges shall be paid on or before 7th day of each calendar month. Electricity and water charges shall be paid as per actuals. Any violation of above order shall entail eviction forthwith..."
(Emphasis supplied)
2. , The learned counsel for the landlord, referring to para 7 of CM.Appln.No.26150/2021 in RC.REV.153/2018, shows the list of repeated defaults in payment as under:
"...7.That the Petitioner though is making the payments but the same is always inconsistent and irregular, since as per the directions, the payments have to be made on or before the 7th day of each month, however, the Petitioner has always been delaying the same. The following table, since October 2020, shows that the Petitioner is in habit of delaying the monthly payments:
Amount Paid on For the month of
10,000/- 12.10.2020 October, 2020
10,000/- 11.11.2020 November, 2020
10,000/- 11.12.2020 December, 2020
10,000/- 08.01.2021 January, 2021
10,000/- 08.02.2021 February, 2021
10,000/- 17.03.2021 March, 2021
30,000/- 16.06.2021 April to June, 2021
10,000/- 07.07.2021 July, 2021
..."
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:16.09.2021
13:41:17
3. The landlord also refers to the order dated 28.08.2020, wherein the long delay in making the payment had been condoned, subject to costs of Rs.20,000/- upon the petitioners/tenants, who had earlier defaulted in making payments for more than a year.
4. It is the landlord's case that the tenants are habitual defaulters, constraining the landlord has to file repeated applications for recovery of his dues; that he is undergoing treatment for cancer and seeks an early disposal of the petitions.
5. In view of the above, the applications are allowed. At joint request, list these petitions for final hearing on 26.10.2021.
6. The learned counsel for the parties assure the Court that they will intimate the learned counsel for the petitioner in RC.REV. 153/2018 about today's order as well as the next date of hearing. Additionally copy of the order be served upon the petitioner in RC.REV.153/2018 through counsel as well, via Speed Post.
NAJMI WAZIRI, J SEPTEMBER 14, 2021/rd Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:16.09.2021 13:41:17