Mr. Gurdit Pal Singh v. Mrs. Kailash Sikka
$~9 & 10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 114/2021 MR. GURDIT PAL SINGH ..... Petitioner Through:
Mr. Hemant Chaudhri and Mr.
Shaurya Pushpam, Advs.
versus VIJAY KUMAR KATYAL ..... Respondent Through:
Mr Dhruv Kapur, Adv + RC.REV. 117/2021 MR. GURDIT PAL SINGH ..... Petitioner Through:
Mr. Hemant Chaudhri and Mr.
Shaurya Pushpam, Advs.
versus MRS. KAILASH SIKKA ..... Respondent Through:
Mr Dhruv Kapur, Adv
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R
% 09.02.2024 [Physical Hearing/Hybrid Hearing (as per request)] 1.
These petitions have been filed by the petitioner/landlord under proviso to Section 25B(8) of the Delhi Rent Control Act, assailing the orders dated 18.02.2021 of the learned Additional Rent Controller whereby applications of the present respondent/tenant for leave to contest the proceedings under Section 14(1)(e) of the Delhi Rent Control Act were 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 13/12/2024 at 15:52:32
allowed. One of the planks of challenge to the impugned orders is that the impugned orders are non-speaking orders in the sense that in the initial part of the impugned orders, the learned Additional Rent Controller simply recorded the rival factual matrix culled out of pleadings, after which 2-3 paragraphs cited the judicial precedents and thereafter in a single paragraph (paragraph 9), the learned Additional Rent Controller recorded her view that it is a fit case to grant leave to contest. On this aspect, both sides agreed that the matters deserve to be remanded to the learned Additional Rent Controller with the directions to pass reasoned orders on the applications for leave to contest.
2.
Of course, it is made clear that this court has not ventured into the other aspects raised by the appellant to challenge the impugned orders as learned counsel for respondent/tenant has not even started his submissions. 3.
Therefore, the impugned orders are set aside on the limited ground that the same are non-speaking orders. Accordingly, the present revision petitions are allowed and matters are remanded to the learned Additional Rent Controller with the directions to pass reasoned orders after hearing both sides again. For that purpose, both sides shall appear before the learned Additional Rent Controller on 14.03.2024, the date already fixed and thereafter the learned Additional Rent Controller according to his board shall fix a date for hearing of both sides.
4.
The pending applications accordingly stand disposed of. GIRISH KATHPALIA, J FEBRUARY 9, 2024/as Click here to check corrigendum, if any 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 13/12/2024 at 15:52:32