Akm Systems Pvt. Ltd. v. Et Infra Developers Pvt. Ltd. & ORS.

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (I) (COMM.) 174/2017 AKM SYSTEMS PVT. LTD.

..... Decree Holder Through Mr. Rahul Malhotra, Mr. Varun Garg & Ms. Himanshi Madan, Advs.

Versus

ET INFRA DEVELOPERS PVT. LTD. & ORS.

..... Judgement Debtor Through Mr. Manjul Mantri & Mr. Vaibhav Suri, Advs. for R-2

CORAM:

SHARAD GUPTA (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 20.08.2020 The matter has been taken up through video conferencing in terms of directions vide Circular no.288/RG/DHC/2020 dated 15.08.2020.

I.A. No.3141/2020 u/S 151 CPC moved by decree holder for directions It is stated by learned counsel for concerned respondent no.2 in the captioned IA that reply to the captioned IA is not required to be filed.

In the captioned IA, petitioner inter alia seeks the following reliefs:

a) Allow the present application;

b) Direct the amount deposited by the respondent no.2 till date Contd.....2

-2be released to the petitioner alongwith the interest accrued thereon;

c) Direct the respondent no.2 to hereinafter pay the further amount of the monthly rent for the premises of the petitioner, directly to the petitioner;

d) Pass any other order (s) as this Hon'ble Court deems fit and proper.

On perusal of record, it transpires that vide order dated 09.05.2017 the Hon'ble Court had directed that "Henceforth all future rentals that are payable by respondent No2 for the area which is claimed by the petitioner which as per the learned senior counsel for respondent No.2 comes to Rs.4,11,264/- shall be deposited in court without prejudice to the rights and contentions of the parties". The said order dated 09.05.2017 was made absolute by the Hon'ble Court vide order dated 13.09.2017. Furthermore, thereafter petitioner filed another IA bearing No.6197/2020 thereby seeking directions to respondent no.2 to deposit rent in court itself in compliance of orders dated 09.05.2017 & 13.09.2017.

By way of the present IA, the petitioner is seeking directions to respondent no.2 to inter alia pay the future rent directly to the petitioner in terms of prayer clause (c) supra. The same tantamount to modification of orders of Hon'ble Court, which is beyond the mandate Contd.....3

-3of the undersigned. Learned counsel for petitioner is at liberty, in view of the emergent situation caused by the Covid-19 pandemic, to take appropriate steps as per rules for listing the captioned IA before the Hon'ble Court.

Re-notify the matter for further proceedings on 25.09.2020. SHARAD GUPTA (DHJS) JOINT REGISTRAR (JUDICIAL) AUGUST 20, 2020/ab