M/S LORDS MARK INDUSTRIES PVT LTD & ORS. vs MRS KANTI SINGH & ORS.

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 650/2025 &CM APPL. 20580-20581/2025 M/S LORDS MARK INDUSTRIES PVT LTD & ORS. .....Petitioner Through: Mr. Shafiq Khan, Mr. Tariq Muneer, Mr. Chandan Saggu and Ms. Anjani Suri, Advocates versus MRS KANTI SINGH & ORS. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN ORDER % 09.04.2025 CM APPL. 20581/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 650/2025 & CM APPL. 20580/2025 1. Petitioner is defending a commercial suit which seeks possession and mesne profits etc. 2. During the pendency of the aforesaid suit, plaintiffs moved an application under Order XV-A Civil Procedure Code (CPC) and while allowing such application, learned Trial Court has directed the defendants (petitioners herein) to deposit arrears of admitted rent @ Rs. 1,58,100/- per month from November, 2019 till 29.05.2023 within a period of two months. 3. Such order is under challenge, herein. 4. The request in the present petition is two-fold. 5. Firstly, Order XV-A CPC, which provided direction for such deposit and consequences of default thereof, stands repealed and omitted, by implication, in view of the special amendment carried out under the Commercial Courts Act, 2015 and now, in place thereof, there is a separate Signature Not Verified Digitally Signed CM(M) 650/2025 1 By:SONIA THAPLIYAL Signing Date:16.04.2025 11:05:12 full–fledged Order XV-A which, merely, concerns Case Management Hearing in relation to a commercial dispute and does not envisage any such deposit. Secondly, the defendants were always willing to hand over the possession of the tenanted premises but for the reasons best known to the plaintiffs, they never accepted the keys thereof and in such a situation, the plaintiffs cannot legitimately