M/S DARUK HOSPITALITY PRIVATE LIMITED vs M/S HEXA ESTATE PVT LTD

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.09.2025 + CM(M) 1872/2025, CM APPL. 60171/2025 & CM APPL. 60170/2025 M/S DARUK HOSPITALITY PRIVATE LIMITED .....Petitioner Through: Counsel for petitioner (appearance not given). versus M/S HEXA ESTATE PVT LTD .....Respondent Through: Mr. Gaurav M. Liberhan, Ms. Amriti Gupta and Mr. Arun Singh Rawat, Advocates. CORAM: JUSTICE GIRISH KATHPALIA ORDER (ORAL) 1. The petitioner/defendant has assailed order dated 20.05.2025 of the learned trial court, whereby application of petitioner/defendant under Order VII Rule 11 CPC for rejection of plaint in the suit for recovery of possession of tenanted premises, rent arrears and mesne profits was dismissed; and application of the respondent/plaintiff under Order XXXIX Rule 1 and 2 CPC was allowed, thereby restraining the petitioner/defendant from creating third party interest in the subject property. 2. Broadly speaking, the circumstances relevant for present purposes are CM(M) 1872/2025 Page 1 of 4 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, Signature Not Verified GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af ec45569af3962c6fb4835d435f97626cacc a, ou=HIGH COURT OF DELHI,CID - KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d Digitally Signed 15570996b40f80cbd2eee60402c487965ff 801e26fa, cn=GIRISH KATHPALIA By:NEETU N NAIR Date: 2025.09.22 18:01:23 -07'00' Signing Date:22.09.2025 18:08:21 as follows. Parties entered into a rent agreement, whereby Ground Floor of the commercial premises bearing no.2, Community Centre, East of Kailash, New Delhi (hereinafter referred to as “the subject property”) were leased out to the petitioner/tenant. Since the petitioner/tenant defaulted in payment of rent, the resp