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High Court of DelhiRC.REV./333/2023

Vineet Kocher v. Atul Jain

2024-07-12Hon'Ble Mr. Justice Sudhir Kumar Jain2 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 333/2023 & CM APPL. 5917/2024 VINEET KOCHER .....Petitioner Through:

Mr. Deepak Chhabra and Ms. Parul Sharma, Advocates versus ATUL JAIN .....Respondent Through:

Mr. Raj Kumar, Advocate with Mr. Sumit Chaudhary and Mr. Ankit Chaudhary, Advocates

CORAM:

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

O R D E R

% 12.07.2024 1.

The present revision petition is filed under section 25-B (8) of the Delhi Rent Control Act, 1958 to impugn the order dated 14.09.2023 passed by the court of Ms. Pragati, ARC-01, Central District, Tis Hazari Courts, Delhi vide Eviction Petition bearing no. 28/2021 titled as Vineet Kochar V Atul Jain whereby the leave to defend was granted in favor of the respondent.

2.

The petitioner is claiming to be the owner of the property bearing no. 2762, Hamiltonb Road, Mori Gate, Delhi - 110006 on the basis of two gift deeds dated 04.02.2016 and the tenanted premises was stated to be let out to the respondent by the previous owner namely Harish Kumar Sethi. 3.

The petitioner filed an eviction petition on the ground of section 14(1)(e) read with section 25B of the Delhi Rent Control Act, 1958 in 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 03/07/2025 at 04:58:04

respect of three shops bearing private no. 2762/3, 2762/4 & 2762/5, situated at first floor of the property bearing no. 2762, Hamilton Road, Mori Gate, Delhi-110006.

4.

The respondent after service of summons as per the Third schedule filed an application for leave to defend along with affidavit which was allowed vide order dated 14.09.2023.

5.

The counsel for the respondent stated that after completion of the pleadings, the evidence of the petitioner has already been commenced before the trial court.

6.

The counsel for the petitioner stated that the present petition be disposed of with the direction to the trial court to conclude the trial within a time bound manner as the present petition pertains to the bonafide requirement of the petitioner being filed under section 14(1)(e) of the Delhi Rent Control Act, 1958.

7.

The present petition is accordingly disposed of with the direction to the trial court to conclude the trial preferably within a period of 09 months from the date of receipt of this order.

8.

The counsel for the petitioner and the respondent also undertakes to make every possible endeavor for early conclusion of the trial and they shall not be taking any adjournment.

9.

The copy of this order be sent to the trial court for information and compliance.

DR. SUDHIR KUMAR JAIN, J JULY 12, 2024 Sk/abk 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 03/07/2025 at 04:58:04