Rahul Goyal & ANR. v. Ajay Gupta & ORS.
$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 105/2025, CM APPL. 18113/2025, CM APPL. 18114/2025 and CM APPL. 18115/2025 RAHUL GOYAL & ANR.
.....Petitioners Through: Mr.Kabeer Shrivastava, Mr.Abhimanyu Mahajan and Mr.AmitDhyani, Advocates versus AJAY GUPTA & ORS.
.....Respondents Through: Ms.Sonali Chopra, Advocate
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 28.03.2025 1.
By way of present petition, the petitioner seeks to assail the impugned order/judgment dated 12.02.2025 passed by learned ARC, Patiala House Courts, New Delhi in RC/ARC 25/2021, whereby the respondents' eviction petition was allowed on the ground that the petitioners' application for leave to defend was filed after a delay of one day. 2.
Learned counsel for the petitioners submits that though the impugned order records that there was a delay of one day, however, last day being Sunday, there was, in fact, no delay in filing the application for leave to defend. He further submits that even otherwise, this Court, in the light of decision of Directorate of Education v. Mohd. Shamim, reported as 2019 SCC OnLine Del 11490 is empowered to condone the delay. 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 02/04/2025 at 12:19:12
3.
Learned counsel for the respondents, who appears on advance notice, fairly does not oppose the prayer made in the present petition and submits that the matter be remanded back for consideration on merits. She, however, prays that eviction proceedings being filed in the year 2021, the leave to defend application be considered expeditiously. The parties shall be at liberty to make the said request before the learned ARC. 4.
In view of the above, the impugned order is set aside and the matter is remanded back to the learned ARC for deciding the same afresh. 5.
The matter be listed before the concerned Court at the first instance for directions on 04.04.2025.
6.
In view of the above, the present petition is disposed of alongwith the pending applications.
MANOJ KUMAR OHRI, J MARCH 28, 2025 na 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 02/04/2025 at 12:19:12