Delhi High Court - Orders
Laxmi Electric Company vs Mahesh Vaidya on 19 March, 2026
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 314/2018
LAXMI ELECTRIC COMPANY .....Petitioner
Through: Mr. Ashutosh Lohia, Ms. Shraddha
Bhargava & Ms. Rishika Jain,
Advocates.
versus
MAHESH VAIDYA .....Respondent
Through: Mr. Achal Gupta and Mr. Ujjwal
Jain, Advocates.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 19.03.2026 CM APPL. 17073/2026 (by petitioner seeking clarification on the impugned judgment dt. 23.12.2025)
1. By virtue of the present application under Section 151 of the Code of Code of Civil Procedure, 1908, the applicant seeks clarification of the Judgment dated 23.12.2025, particularly the direction contained in paragraph 32 therein i.e. as to from which date shall the six-month statutory period available to the petitioner/ tenant under Section 14(7) of the Delhi Rent Control Act, 1958 (DRC Act) shall commences.
2. Issue notice. Learned counsel for the respondent accepts notice.
3. To proceed, it is relevant that the impugned judgment under challenge was passed by the learned Additional Rent Controller (ARC) in a petition under Section 14(1)(e) of the DRC Act on 06.04.2018; the present petition was filed thereafter before this Court on 28.05.2018; this 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 20/03/2026 at 22:23:09 Court passed an interim order of stay of the impugned judgment on 04.10.2018; and finally the judgment of which modification is being sought was passed on 23.12.2025.
4. Based thereon, the applicant/ tenant was extended the statutory benefit of six months vide impugned judgment dated 06.04.2018, which expired on 04.10.2018 when this Court passed an order granting a stay thereof. As such, it cannot be denied that the said period in entirety has to be counted/ calculated for all purposes towards the benefit of the six months as provided under Section 14(7) of the DRC Act. Therefore, as evident therefrom the applicant/ tenant had already availed the benefit of five (5) months and twenty eight (28) days out of the total statutory period of six months.
5. Resultantly, since this Court has upheld the order dated 06.04.2018 under challenge and vacated the order of stay granted by this Court on 04.10.2018 it is clarified that the applicant/ tenant shall only be entitled to avail the benefit of the remaining period of two (2) days of the total period of six months statutorily available to him under Section 14(7) of the DRC Act vide impugned judgment dated 06.04.2018 with effect from passing of the judgment by this Court on 23.12.2025. i.e. the date of the judgment passed in the captioned revision petition.
6. The present application is accordingly disposed of with the aforesaid clarification.
SAURABH BANERJEE, J.
MARCH 19, 2026/NA 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 20/03/2026 at 22:23:09