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High Court of DelhiCM(M)/439/2020

Jain Cooperative Bank Ltd v. Sh Vinay Sethi

2025-12-18Hon'Ble Mr. Justice Saurabh Banerjee2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 439/2020, CM APPL. 21885-21886/2020, CM APPL. 27105/2020 JAIN COOPERATIVE BANK LTD .....Petitioner Through:

Mr. Shubhendu Anand, Adv.

versus SH VINAY SETHI .....Respondent Through:

Ms. Anju Lal and Ms. Shalu Lal Advs.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 18.12.2025 1.

Considering the present petition has been filed by the landlord against the impugned order dated 03.02.2020, whereby the application seeking leave to defend of the tenant was allowed by the learned Additional Rent Controller (ARC), the same, as per the well-established position of law, is not maintainable as the only remedy available with the landlord is one under Section 25B(8) of the Delhi Rent Control Act, 1958 to file a Rent Control Revision (RCR).

2.

Moreover, pursuant to the application seeking leave to defend of the tenant having been allowed by the learned ARC, and presently the final arguments therein is due to commence on the next date of hearing. As such, learned counsel submit that there is hardly any time left for the final adjudication thereof by the learned ARC.

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 20/12/2025 at 12:28:15

3.

Be that as it may, considering the undisputed legal position there is no reason for this Court to continue hearing of the present petition, since the same is not maintainable in the eyes of law. Further, in view of the pendency of the present petition the mandatory period of filing the RCR by the tenant has also already expired.

4.

In view of the above, the present petition is dismissed. SAURABH BANERJEE, J DECEMBER 18, 2025/bh 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 20/12/2025 at 12:28:15