H.K. Bhalla v. Satish Dahiya

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-3033-2025 (O&M) Date of Decision : 17.07.2025 H.K. BHALLA .... Petitioner

VERSUS

SATISH DAHIYA .... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Sandeep Parkash Chahar, Advocate for the petitioner. Mr. Pankaj Nanhera, Advocate and Mr. Naveen Kumar, Advocate for the respondent. (joined through hybrid mode).

ALKA SARIN, J. (ORAL) 1.

The present revision petition has been filed challenging the order dated 19.02.2025 passed by the learned Rent Controller whereby the defence of the petitioner was struck off for not depositing the rent, as assessed by the Rent Controller, though the initial amount was paid, however, the future rent was not paid and the defence was struck off on an application filed under Order XV Rule 5 CPC.

2.

Learned counsel for the petitioner would contend that the petitioner would suffer irreparable loss and injury in case the impugned order is not set aside. Learned counsel would, on instructions from the petitioner, further submit that the petitioner would clear all the arrears of rent within a period of 15 days from today and would continue to pay the future monthly rent by the 7th of every month till the decision of the rent petition. AMAN JAIN 2025.07.18 09:29 I attest to the accuracy and integrity of this order/judgment

CR-3033-2025 (O&M) -23.

Learned counsel for the respondent states that in view of the statement made by the learned counsel for the petitioner, he would have no objection if the present revision petition is allowed. Learned counsel, however, prays that the matter may be made time bound as the only endeavour of the petitioner is to delay the same.

4.

In view of the stand taken by the learned counsel for the petitioner, the present revision petition is allowed and the impugned order is set aside subject to the petitioner clearing all the arrears of rent, upto date, within a period of 15 days from today. The petitioner is further directed to deposit the future monthly rent by the 7th of every month starting from August 2025 in the AXIS Bank account of the respondent bearing No.918010114225264, IFSC Code: UTIB0000204. An undertaking with regard to clearance of all the arrears of rent within 15 days from today and payment of future monthly rent shall be given by the petitioner before the Rent Controller concerned within a period of 04 days from today.

5.

It is made clear that in case the undertaking is not filed as directed and the arrears of rent are not cleared within a period of 15 days from today, the present revision petition shall be deemed to having been dismissed. 6.

The Rent Controller concerned is requested to proceed with the matter in accordance with law and not grant any unnecessary adjournment to either of the parties and also to conclude the matter as expeditiously as possible.

7.

Pending applications, if any, also stand disposed off. 17.07.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2025.07.18 09:29 I attest to the accuracy and integrity of this order/judgment