Delhi High Court - Orders
Deepak Mukhi & Ors vs Fiitjee Limited on 30 January, 2026
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 73/2026
DEEPAK MUKHI & ORS. .....Plaintiffs
Through: Mr. Gautam Narayan, Sr. Adv. with
Mr. Ashish Prasad, Ms. Asmita
Singh, Mr. Vishal Kapoor and Mr.
Harsh Jain, Advs.
versus
FIITJEE LIMITED .....Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 30.01.2026 I.A. 2125/2026 (by plaintiffs under Section 151 CPC seeking leave of this Court to file lengthy list of dates, along with affidavit) I.A. 2126/2026 (by plaintiffs under Section 151 CPC seeking exemption from filing clear/legible copies of dim/illegible documents along with affidavit)
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
CS(COMM) 73/2026
3. The plaint be registered as suit.
4. On filing of process fee, summons be issued to the defendant by all permissible modes.
5. The summons shall indicate that written statement must be filed within thirty days from the date of receipt of summons. The defendant shall also file an affidavit of admission/denial of the documents filed by the plaintiffs, failing which the written statement shall not be taken on record.
6. The plaintiffs are at liberty to file replication thereto within thirty days after filing of the written statement. The replication shall be accompanied by 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 02/02/2026 at 20:46:11 affidavit of admission/denial in respect of the documents filed by the defendant, failing which the replication shall not be taken on record.
7. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
8. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
9. List before the learned Joint Registrar for completion of service, pleadings, admission/denial of documents and marking of exhibits on 13.04.2026.
10. List before Court thereafter on a date assigned by the learned Joint Registrar.
I.A. 2122/2026 (under Section 12A of Commercial Courts Act, 2015 r/w Section 151 CPC seeking exemption from pre-institution mediation along with affidavit)
11. The present application has been filed by the plaintiffs seeking exemption from pre-institution mediation.
12. Mr. Gautam Narayan, learned Senior Counsel for the plaintiffs submits that the plaintiffs have sought interim relief in the present suit, and such interim relief has to be seen from the stand point of the plaintiffs.
13. Elaborating on his submission, he submits that the property bearing No. 13/35, Rohtak Road, Near Maharaja Agrasen Hospital, West Punjabi Bagh, New Delhi (hereinafter „the suit premises‟) was let out by the plaintiffs to the defendant for a period of 18 years. However, the defendant stopped paying rent, therefore, in terms of the lease deed, the plaintiffs had given two legal notices which did not fetch any response, therefore, the plaintiffs were constrained to terminate the lease and they entered into 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 02/02/2026 at 20:46:11 possession of the suit property by placing locks on the same.
14. The defendant filed a suit for possession and for setting aside of termination before the learned District judge, Tis Hazari Courts.
15. He submits that in the said suit, the learned District Judge, Commercial Courts-04, West District, Tis Hazari Courts, Delhi passed by an order on 20.08.2025 observing as under:-
"23. Since the amount of Rs. 48 Lakhs which was the security deposit which was given to the landlord as per clause 5 of the lease deed dated 11.04.2018 has already been appropriated by the defendants towards the arrears of rent vide legal notice dated 08.03.2025.
In these facts and circumstances, in order to do substantial justice between the parties, it will be expedient in the interest of justice, if the plaintiff / tenant is directed to pay to the landlord / defendant an approximate amount of Rs. 27 Lakhs besides GST payable as per law within 15 days from today and the plaintiff / tenant shall also further keep on paying the admitted rent @Rs. 10,58,000/- p.m. after getting the possession of the premises month by month every month during the pendency of the present suit till the defendants legally obtain the possession of the demised premises after taking legal recourse, as per law, and the plaintiff/ tenant shall also file an undertaking in this regard that he will continue to pay the admitted rent @ Rs. 10,58,000/- p.m. for the enjoyment of the demised premises every month during the pendency of the present suit.
24. On receipt of the said amount of Rs. 27 Lakhs, as above by the defendants from the plaintiff within 15 days and filing of above undertaking by the plaintiff/ tenant, the defendants shall immediately remove their locks from the basement, ground floor, second floor and third floor of the demised premises bearing no. 13/35, Rohtak Road, near Maharaja Agrasen Hospital, immediately, failing which the plaintiff will be at liberty to approach the Court for restitution of the possession, as above."
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 02/02/2026 at 20:46:11
16. Referring to the above quoted paragraphs, he submits that the defendant was under obligation to pay an amount of Rs. 27 lacs and to give an undertaking to pay the admitted rent on month to month basis @ Rs. 10,58,000/- per month.
17. The said order was thereafter, challenged by the defendant by preferring an appeal before this Court being FAO (COMM) 246/2025 titled as "M/s FIITJEE Limited vs. Deepak Mukhi & Ors." in which the Division Bench vide order dated 09.09.2025 upheld the order of the learned District Judge.
18. He submits that subsequently, the suit was dismissed vide order dated 10.12.2025 on account of non-payment of deficient court fee.
19. Sequel to above, the plaintiffs asked the defendant to remove the assets by requesting through email dated 15.12.2025, which did not elicit any response from the defendant. Hence, the plaintiffs were constrained to file the present suit.
20. Along with the suit the plaintiffs have also prayed for urgent relief seeking direction to the defendant to forthwith to remove all its assets and to appoint a learned Local Commissioner to supervise and oversee the removal of defendant‟s assets.
21. Mr. Narayan submits that the plaintiffs are senior citizens aged about 88 years and 74 years and no rent has been paid by the defendant since January 2025.
22. He, therefore, urges that in the given circumstances, the interim relief sought is justified and cannot be termed as ruse to circumvent the provisions of Section 12A of the Commercial Courts Act, 2015.
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 02/02/2026 at 20:46:11
23. In view of the above, this Court is of the view that the present application requires consideration. Accordingly, issue notice to the defendant, by all permissible modes.
24. Reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed before the next date.
25. List on 12.03.2026.
I.A. 2120/2026 (under Order XXXIX Rules 1 and 2 r/w Section 151 CPC by plaintiffs seeking directions against the defendant for removal of all its assets and handing over the vacant and peaceful possession with affidavit)
26. Issue notice to the defendant, by all permissible modes.
27. Mr. Narayan submits that a prayer for appointment of Local Commissioner has also been made in the present application, though for the same separate application ought to have been made.
28. He, however, urges that the Local Commissioner may be appointed for the limited purpose of inventorising the goods lying in the suit premises which is under the lock and key of the plaintiffs.
29. In view of the limited prayer articulated, this Court is of the view that the Local Commissioner can be appointed for the purpose articulated by Mr. Narayan.
30. Accordingly, Mr. Tushar Mehra, (Mob. 9717471680, Email ID:
[email protected]) is appointed as Local Commissioner to visit the suit premises and inventorize the goods lying therein. He shall also take photographs of the articles lying there for the purpose of identification and make them as part of his report.
31. The remuneration of the Local Commissioner is quantified at Rs.1.50 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 02/02/2026 at 20:46:11 lacs, besides out of pocket expenses, which shall be borne by the plaintiffs.
32. Before visiting the suit premises, the Local Commissioner shall intimate the learned counsel for the plaintiffs, who shall cooperate with the Local Commissioner to enable him to execute commission. He shall also intimate the defendant about the date and time of his visit, when representative of defendant may also remain present at the time fixed for execution of commission.
33. Let Local Commissioner file his report before the next date.
34. Let reply to the application be filed by the defendant within a period of four weeks. Rejoinder thereto, if any, be filed before the next date.
35. List on 12.03.2026.
I.A. 2124/2026 (by plaintiffs under Section 149 r/w Section 151 CPC seeking extension of time to pay deficit court fee with affidavit)
36. This is an application seeking extension of time to pay the deficient court fee.
37. On instructions, Mr. Narayan submits that the deficient Court Fee shall be deposited within a period of two weeks from today. The statement is taken on record.
38. The application stands disposed of.
I.A. 2123/2026 (by plaintiffs under Section 151 CPC seeking extension of time for filing the certificate under Section 63(4)(c) of BSA and declaration under XI Rule 6(3) CPC with affidavit.)
39. On instructions, Mr. Narayan, learned Senior Counsel for the plaintiffs submits that the certificate in terms of Section 63(4)(c) of BSA, 2023 and declaration under Order XI Rule 6 (3) CPC shall be filed within a period of two weeks.
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 02/02/2026 at 20:46:11
40. Let needful be done as undertaken.
41. The application stands disposed of.
I.A. 2121/2026 (under Order XXXVIII Rule 5 r/w Section 151 CPC seeking attachment before judgment of assets of defendant with affidavit)
42. Issue notice to the defendant, by all permissible modes.
43. Reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed before the next date.
44. List on 12.03.2026.
VIKAS MAHAJAN, J JANUARY 30, 2026/dss 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 02/02/2026 at 20:46:11