Delhi High Court - Orders
M/S Bdr Developers Pvt Ltd vs Narsingh Shah @ Narsingh Sah on 1 September, 2020
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 412/2020 & CM APPLN. 18635/2020
M/S BDR DEVELOPERS PVT LTD. ..... Petitioner
Through Mr. Akhil Sachar and Ms. Sunanda
Tulsiyan, Advocates
versus
NARSINGH SHAH @ NARSINGH SAH ..... Respondent
Through Mr. Vinod Kumar, Advocate
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 01.09.2020
1. The hearing was conducted through video conferencing.
2. Learned counsel appearing for the respondent submits that since the mediation proceedings have failed yesterday, he prays for time to file reply.
3. Let the same be filed within two weeks. Rejoinder, if any, be filed within one week thereafter.
4. List for consideration on 12.10.2020.
5. Learned counsel appearing for the petitioner submits that the respondents are in arrears of rent @ Rs. 50,000/- per month.
6. Learned counsel appearing for the respondent submits that in terms of the understanding between the parties, the respondent is not a tenant in the property but had received a loan from the petitioner and Signature Not Verified Digitally Signed By:KUNAL MAGGU CM(M) 412/2020 1 Signing Date:01.09.2020 18:44:27 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
was paying interest at the above referred rates and not rental. He, however, admits that there are arrears.
7. Learned counsel for the respondent under instructions submits that respondent shall clear entire arrears at the above referred rates within a period of four weeks from today.
8. Mr. Sachar submits that it is not interest but it was rent which was payable.
9. Without prejudice to the rights and contentions of the respective parties as to whether it was rent or interest, since the amount is not in dispute, respondent is directed to clear entire arrears within a period of four weeks from today.
10. It is clarified that payment and receipt of the amount would be without prejudice to the rights and contentions of the parties as to whether the same is towards rental or interest.
11. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J SEPTEMBER 1, 2020 'rs' Signature Not Verified Digitally Signed By:KUNAL MAGGU CM(M) 412/2020 2 Signing Date:01.09.2020 18:44:27 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.