High Court of DelhiRC.REV./477/2018

M/S Raghubir Singh & Sons & ANR v. Ravi Shankar

2018-10-12Hon'Ble Ms. Justice Anu Malhotra2 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 477/2018 & CM APPL. 40790-40792/2018 M/S RAGHUBIR SINGH & SONS & ANR ..... Petitioner Through Mr. Alok Kr. Pandey, Adv.

versus RAVI SHANKAR ..... Respondent Through Mr. S.S. Jain, Mr. Nitesh Jain, Advs.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 12.10.2018 After submissions have been made on behalf of either side, learned counsel for the petitioner seeks to withdraw the present petition assailing the impugned order dated 03.04.2018 of the Court of learned CCJ-cum-ARC, Pilot Court (Central District), Tis Hazari Courts, Delhi in Case No. E712/17, CIS No. 823/17 whereby the application of the petitioner seeking leave to defend was declined and the eviction order was passed and learned counsel for the petitioner seeks to confine the prayer made in the present petition seeking extension of time to evict the tenanted premises and thus the RC.REV. 477/2018 assailing the impugned eviction order dated 03.04.2018 in Case No. E-712/17, CIS No. 823/17 is thus dismissed as withdrawn as prayed.

Notice of the petition and of CM APPL. 40790/2018 to the limited extent as prayed on behalf of the petitioner seeking time to evict the tenanted RC.REV. 477/2018

premises is issued to the respondent, which is accepted on behalf of the respondent.

Submissions have been made on behalf of either side. On behalf of the petitioner, it has been submitted that two years be granted, which is not considered appropriate taking into account the factum that the eviction petition had been filed on the grounds of bonafide requirement under Section 14(1) (e) of the DRC Act for effective utilization of the premises in suit so that the landlord can utilize the same for appropriately running his business in the shop where he runs his business at 3764, Gali Barna, Sadar Bazar, Delhi - 110 006. Taking into account the totality of the circumstances as borne out from the record, the petitioner is granted time to vacate the tenanted premises by 31.03.2019 without default subject to furnishing an undertaking to the effect that there would be compliance of directions within a period of two weeks.

The petition is disposed of.

ANU MALHOTRA, J OCTOBER 12, 2018/MK RC.REV. 477/2018