M/S Sanjay Composers & Printers & ANR v. Kailash Kohli

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 218/2019 & CM APPL. 6063-6064/2019 M/S SANJAY COMPOSERS & PRINTERS & ANR..... Petitioner Through:

Mr. NS Vasisht, Adv.

versus KAILASH KOHLI ..... Respondent Through:

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 08.02.2019 CM APPL. 6064/2019(Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CM(M) 218/2019 & CM APPL. 6063/2019 The petitioner assails the impugned orders dated 14.12.2018 and 04.01.2019 of the learned ARC, New Delhi in RC No.01/2019 which is indicated to be a petition under Section 45 of the DRC Act, 1958, as amended qua which vide order dated 04.01.2019, notice of the petition has been directed to be issued to the respondent to that petition for the date 19.03.2019. It has been submitted on behalf of the petitioner that the petitioner's entrance to the tenanted premises has been hindered and obstructed by the respondent and the prayer made in clause 20 vide the petition under Section 45 of the DRC Act to the effect:

"(ii) Pass an ad-interim ex-parte order under Section 45(3) of the Delhi Rent Control Act, 1958, directing the Respondent to

open the gate of the common passage of the tenanted premises highlighted in red colour in the Site Plan."

has not been adjudicated upon, which is also borne out from the impugned order.

The petition is disposed of with directions to the learned ARC, New Delhi seized of proceedings in RC No.01/2019 to adjudicate the prayer in clause 20(ii) by the date 20.02.2019. Copy of this order be sent to the learned trial Court. Copy of the order be given Dasti under the signatures of the Court Master, as prayed.

ANU MALHOTRA, J FEBRUARY 08, 2019 vm