M/S Amrit Wires v. Gaurav Sarin & ORS.

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1599/2025 & CM APPL. 52551-52552/2025 M/S AMRIT WIRES .....Petitioner Through:

Mr. Rajiv Bajaj and Ms. Shivani Bardia, Advocates versus GAURAV SARIN & ORS.

.....Respondent Through:

Mr. Satish Sahai, Ms. Charul Sarin, Mr. Harish Kumar and Ms. Malaika Farhat, Advocates

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 25.08.2025 1.

Petitioner, who is defending a suit for possession, is aggrieved by order dated 08.07.2025 whereby while allowing application under Section 151 CPC, the defendant has been directed to deposit arrears of rent @ Rs. 10,000/- per month w.e.f. 01.04.2020.

2.

According to learned counsel for petitioner, three different tenancies have been clubbed as one and, therefore, the impugned order is bad in law. 3.

Learned counsel for respondents appears on advance notice and, without prejudice to their rights and contentions, accepts notice. 4.

Learned counsel for petitioner submits that he has already taken objection in his written statement that it is not a case of single tenancy and rather it is a case of three different tenancies. He submits that if an issue to the aforesaid effect is framed by the learned Trial Court, the learned Trial Court would get influenced by its own order which is impugned before this Court. CM(M) 1599/2025 1 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 28/08/2025 at 11:59:55

5.

Learned counsel for respondents submits that it was always a case of single tenancy but at the same time, he supplements that if an issue to the aforesaid effect arises and is, eventually, framed by the learned Trial Court, the aforesaid aspect would be subject to the evidence to be led by the parties. 6.

In view of the above, the learned counsel for the petitioner, at the moment, does not press the present petition.

7.

Present petition is, accordingly, disposed of as not pressed while leaving the aspect - whether the case is of single tenancy or of three different tenancies, to be decided by learned Trial Court in terms of the evidence to be led by the parties, without being influenced by the observations recorded in impugned order dated 08.07.2025.

8.

Pending applications also stand disposed of in aforesaid terms. MANOJ JAIN, J AUGUST 25, 2025/dr/js CM(M) 1599/2025 2 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 28/08/2025 at 11:59:55