M/S FIRE IMMUNE SYSTEMS vs M/S ELESCO TRADERS PVT. LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.11.2025 Judgment pronounced on: 27.11.2025 + RFA(COMM) 78/2025, CM APPL. 7315/2025, CM APPL.7316/2025 M/S FIRE IMMUNE SYSTEMS .....Appellant Through: Mr. Vivek Malhotra, Adv. versus M/S ELESCO TRADERS PVT. LTD .....Respondent Through: Mr. Rahul Malhotra and Ms. Sneha Agarwal, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellant (Tenant) [Defendant before the Trial Court] assails the correctness of the judgment and decree dated 22.11.2024 [hereinafter referred to as „Impugned Judgment‟] passed by the learned Trial Court in CS (COMM.) No.495/2022 captioned Elesco Traders Pvt. Ltd. vs Fire Immune Systems, whereby the suit instituted by the Respondent [Plaintiff before the Trial Court] for possession, ejectment and recovery of mesne profits was decreed. 2. For the sake of convenience, the parties are referred to by their positions before the Trial Court. The Appellant/Defendant is a partnership firm carrying on business from premises at J-11, Udyog Signature Not Verified RFA(COMM) 78/2025 Page 1 of 9 Signed By:JAI NARAYAN Signing Date:27.11.2025 17:45:38 Nagar, Rohtak Road, Delhi, represented by its partners, Shri Hari Om Gulati and Shri Sagar Gulati. The Respondent/Plaintiff is a company incorporated under the Companies Act, 2013, having its registered office at B-1/15, Paschim Vihar, New Delhi. FACTUAL MATRIX 3. The succinct factual matrix is as follows. The Plaintiff/landlord had let out the rear portion of the ground floor of property bearing No. J-11, Udyog Nagar, Rohtak Road, Delhi [hereinafter referred to as „suit property‟] to the Defendant/tenant pursuant to a lease dated 22.04.