M/S MN AUTOMOBILE PRIVATE LIMITED vs GURIQBAL SINGH & ANR.

Judgment text excerpt

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20.01.2025 + FAO (COMM) 20/2025 M/S MN AUTOMOBILE PRIVATE LIMITED .....Appellant Through: Mr. Sudeep Kumar Shrotriya, Adv. versus GURIQBAL SINGH & ANR. .....Respondents Through: Nemo CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) CM APPL. 3489/2025 (Exemption) 1. Allowed, subject to all just exceptions. FAO (COMM) 20/2025 & CM APPL. 3488/2025 2. This appeal has been filed by the appellant, challenging the Order dated 19.11.2024 passed by the learned District Judge (Commercial Court)-05 Tis Hazari Courts, West Delhi (hereinafter referred to as the learned “Trial Court”) in CS(COMM) No. 317/2022, titled Guriqbal Singh & Ors. v. MN Automobile Pvt. Ltd. & Ors., allowing the application filed by the respondents herein under Order XXXIX Rule 10 of the Code of Civil Procedure, 1908 (in short, „CPC‟) and directing the appellant herein to deposit the entire arrears of rent within a period of four weeks from the date of the said order. Signature Not Verified Digitally Signed FAO(COMM) 20/2025 Page 1 of 8 By:SUNIL Signing Date:27.01.2025 17:03:22 3. As a brief background, it is an admitted case of the appellant that the subject premises, that is, property bearing No. 88/2, Block-B, Rewari Line Industrial Area, Mayapuri Phase-I, New Delhi-110064, ad-measuring 394.8 sq. yds, was leased by the respondents in favour of two companies, that is, M/s Sikka Kars Global Pvt. Ltd. and M/s Sikka Automobiles Pvt. Ltd by way of two lease deeds, both dated 10.12.2014. M/s Sikka Kars Global Pvt. Ltd. and M/s Sikka Automobiles Pvt. Ltd were group companies under the same management. 4. Subsequently, there was a change in the shareholding and Directors of the M/s Sikka Automobiles Pv