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

Judgment text excerpt

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.09.2025 + CM(M) 1873/2025, CM APPL. 60173/2025 & CM APPL. 60172/2025 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. CM(M) 1873/2025 Page 1 of 4 pages Digitally signed by GIRISH KATHPALIA GIRISH DN: c=IN, o=HIGH COURT OF DELHI, Signature Not Verified 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45 569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557 0996b40f80cbd2eee60402c487965ff801e26fa, Digitally Signed cn=GIRISH KATHPALIA Date: 2025.09.22 18:05:08 -07'00' By:NEETU N NAIR Signing Date:22.09.2025 18:08:21 2. Broadly speaking, the circumstances relevant for present purposes are as follows. Parties entered into a rent agreement, whereby Mezzanine 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 res