South Asian Hospitality Services Pvt Ltd v. Santosh Khanna & ORS

$~20 *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 276/2017 & CM No.38606/2017 SOUTH ASIAN HOSPITALITY SERVICES PVT LTD ..... Appellant Through :

Mr. Sanjay Gupta and Mr. Ateev Mathur, Advs.

versus SANTOSH KHANNA & ORS ..... Respondents Through :

None.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 30.10.2017 1.

The appellant in the instant appeal assails the order dated 22nd August, 2017 whereby the ld. Single Judge has accepted the admitted position that the appellant is liable to pay maintenance charges to the Mall wherein the subject premises are located and till such time they would not be permitted to remove their goods lying in the premises.

2.

In this view of the matter, the ld. Single Judge has rejected the contention of the appellant that the appellant has made a valid request to the decree holder by the letter dated 27th March, 2017, asking the decree holder to take over the possession of the premises on 31st March, 2017.

FAO(OS) 276/2017

3.

Mr. Sanjay Gupta, ld. counsel for the appellant challenges the finding of the ld. Single Judge that the appellant would have to pay rental to the decree holder till such time the possession is handed over.

4.

We are further informed by Mr. Sanjay Gupta, ld. counsel for the appellant that even on date, the said maintenance charges have not been paid to the Mall and is not being therefore, permitted to remove its goods from the subject premises. The ld. Single Judge has therefore, rightly held that the appellant is not in a position to hand over the vacant and peaceful possession of the premises to the decree holder.

5.

We see no error in the finding returned by the ld. Single Judge. There is no merit in this appeal. The appeal and application are hereby dismissed.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J OCTOBER 30, 2017 mk FAO(OS) 276/2017