Nirmala Kohli v. Hotel Zodiac Pvt Ltd

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 139/2025, CM APPL. 24112/2025-Stay NIRMALA KOHLI .....Petitioner Through:

Mr. Amit Saxena, Mr. Kaustabh Bhardwaj, Mr. Ajay Sejwal and Ms.

Namrata Bhatia, Advs.

versus HOTEL ZODIAC PVT LTD .....Respondent Through:

Mr. Ajay Gupta and Mr. Siddharth Gupta, Advs.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 10.09.2025 1.

This order is in continuation of the earlier orders dated 24.04.2025, 29.07.2025, 14.08.2025 and 03.09.2025.

2.

Learned counsel for the petitioner/ tenant reiterates that the petitioner/ tenant is willing to vacate the subject premises on or before 31.10.2025, albeit, without paying any user and occupation charges. 3.

Learned counsel for the respondent/ landlord, on the other hand, submits that the subject premises involved has already been sublet by the petitioner/ tenant to the third party, and the petitioner/ tenant is resultantly earning as much as Rs.3,00,000/- per month towards rent thereof. He submits that, in any event, the petitioner/ tenant has not paid rent for the past ten years, moreover, till date, petitioner/ tenant has also failed to pay any amount towards user and occupation charges. 4.

Considering the aforesaid fact and circumstances, there is nothing 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 12/09/2025 at 12:29:13

surviving in the present petition. As such, it is deemed appropriate to dismiss the present petition without interfering with the impugned order dated 14.10.2024 passed by learned CCJ-Cum-ARC, Central Tis Hazari Courts, Delhi in RC ARC 152/2019 titled as "Hotel Zodiac Pvt. Ltd. v. Nirmala Kohli", whereby the eviction petition of the respondent/ landlord was allowed and the petitioner/ tenant was directed to handover vacant and physical possession of the subject premises being one shop situated at ground floor in property Municipal No.7A/5 situated at W.E.F, Karol Bagh, New Delhi to the respondent/ landlord.

5.

Accordingly, the present revision petition along with the pending application is dismissed.

6.

Needless to say, the respondent/ landlord shall be free to recover the user and occupation charges qua the subject premises from the petitioner/ tenant through appropriate proceedings, in accordance with law. SAURABH BANERJEE, J SEPTEMBER 10, 2025/So 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 12/09/2025 at 12:29:13