SARADA UKIL SCHOOL OF ART vs M/S REGAL TOWERS (P) LTD

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25.02.2025 + RC.REV. 327/2018 & CM Appls.28461/2018, 40696/2022 SARADA UKIL SCHOOL OF ART .....Petitioner Through: Mr. Alok Kumar, Sr. Adv. with Mr. Raunak Jain and Mr. Manan Soni, Advs. versus M/S REGAL TOWERS (P) LTD .....Respondent Through: Mr. Sidharth Yadav, Sr. Adv. with Mr. Indresh Upadhyay, Mr. Brijesh Upadhyay, Mr. Saurabh Kumar and Mr. Mohd. Faraz, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM Appl.11360/2025[Seeking modification of order dated 15.01.2025] 1. This is an Application filed on behalf of the Petitioner seeking modification of the order dated 15.01.2025. 2. Learned Senior Counsel for the Petitioner submits that the Application is in nature of a review. 3. Learned Senior Counsel for the Petitioner submits that the condition of the subject premises, as can be seen from the photographs, is not very good and is in a dilapidated condition. It is contended that the contemporaneous lease deeds for other commercial premises cannot be considered given the condition of the subject premises. 3.1 In addition, learned Senior Counsel for the Petitioner has contended Signature Not Verified Digitally Signed RC.REV. 327/2018 Page 1 of 13 By:RAHUL Signing Date:28.02.2025 15:43:36 that the Respondent has obtained the Impugned Order by playing a fraud on the Court, hence user and occupation charges should not be paid. 4. Learned Senior Counsel for the Respondent, at the outset, submits that the Application that has been supplied to him is not the Application which is before the Court and the Application supplied to him is seeking review of the order dated 15.01.2025. However, in the interest of expediency, he would make his submissions. In any event, it is submitte