The British Motor Car Co. (1934) Pvt; Ltd v. Hindustan Commercial Bank Ltd & Another

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1119/2014 & C.M. No.21204/2014 THE BRITISH MOTOR CAR CO. (1934) PVT; LTD ..... Petitioner Through Mr.S.K.Gandhi, Advocate.

versus HINDUSTAN COMMERCIAL BANK LTD & ANOTHER ..... Respondents Through Mr.Mohd. Nadeem for Mr.Rajat Sharma, Advocate for PNB/R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 23.02.2016 Petitioner is aggrieved by the order dated 01.9.2014 whereby the learned Additional District Judge had decided not to proceed with the matter till the disposal of the Special Leave Petition which has been filed challenging certain orders passed in the eviction petition under Section 14(1)(b) of the Delhi Rent Control Act.

Learned counsel for the petitioner submits that the present suit is a suit for possession, damages and mesne profits; ground of subletting has not been pleaded; this ground is not a matter of concern in the present suit.

Notice of this petition was ordered to be issued to the respondent no.1, noting the submission made by learned counsel for the petitioner. None is present for the respondent no.1 today. Record substantiates the submission of the learned counsel for the

petitioner as the averments in the plaint have been perused. The Trial Court is directed to proceed with the matter and not wait the outcome of the SLP as stated in the impugned order.

Petition disposed of.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J FEBRUARY 23, 2016 ndn