Supreme Court - Daily Orders
Madhulika Gupta vs M/S. Safeway Enterprises Private ... on 14 October, 2024
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
ITEM NO.26 COURT NO.5 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 36982/2024
(Arising out of impugned judgment and order dated 29-05-2024 in
RCREV No. 99/2023 passed by the High Court of Delhi at New Delhi)
MADHULIKA GUPTA Petitioner(s)
VERSUS
M/S. SAFEWAY ENTERPRISES PRIVATE LIMITED Respondent(s)
(IA No. 217837/2024 - CONDONATION OF DELAY IN REFILING / CURING
THE DEFECTS)
Date : 14-10-2024 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE S.V.N. BHATTI
For Petitioner(s) Mr. Jaideep Gupta, Sr. Adv.
Mr. Prateek Yadav, Adv.
Mr. Ranbir Singh Yadav, AOR
Mr. Pati Raj Yadav, Adv.
Mr. Manoj Yadav, Adv.
Mr. Kakani Sridhar, Adv.
For Respondent(s) Mr. Parag Tripathi, Sr. Adv.
Mr. Jai Sahai Endlaw, Adv.
Ms. Shambhavi Kala, Adv.
Mr. Rishabh Singhle, Adv.
Mr. Sujoy Chatterjee, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Delay condoned.
2. Heard Mr. Jaideep Gupta, learned senior counsel appearing for the petitioner. Also heard Mr. Parag Tripathi, learned senior counsel appearing for the respondent(s). Signature Not Verified
3. Digitally signed by NITIN TALREJA Date: 2024.10.14 Although the counsel raises issue about nature of the Suit and 16:56:53 IST Reason:
the provisions of the Delhi Rent Control Act, 1958 which govern the 1 ejectment proceeding, we are of the view that the Rules were adverted to and decided appropriately. The Special Leave Petition is accordingly dismissed.
4. The tenant in question is an elderly lady and Mr. Gupta therefore prays for reasonable time for her to vacate the premises.
5. Considering the peculiar circumstances and the relationship of the parties, we deem to appropriate to grant one year time until 14.10.2025 to the petitioner to give up possession. Necessary undertaking to handover peaceful vacant possession of the premises be filed by the petitioner within 7 days from today.
6. Since time for vacating the premises is granted until 14.10.2025, process of execution should not be undertaken by the decree holder, in the meantime.
7. Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (KAMLESH RAWAT)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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