NIRMAL TOWER BUILDING PVT LTD vs NIRMAL TOWER BUILDING OCCUPANTS WELFARE SOCIETY (REGD)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20.01.2026 + FAO 54/2019 NIRMAL TOWER BUILDING PVT LTD .....Appellant Through: Mr. Anurag Pratap, Advocate versus NIRMAL TOWER BUILDING OCCUPANTS WELFARE SOCIETY (REGD) .....Respondent Through: Mr. Rajesh Pandit Arya and Ms.Samridhi Sharma, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present appeal has been preferred seeking setting aside of the order dated 22.01.2019 passed by the learned ADJ-05, Patiala House Courts, New Delhi, in CS No. 57932/2016, whereby the application filed on behalf of the appellant, who was the defendant before the Trial Court, came to be dismissed. 2. The respondent, who was the plaintiff before the Trial Court, had instituted the underlying suit seeking reliefs of declaration, mandatory and permanent injunction, and rendition of accounts. In the said plaint, it was claimed that the respondent is a registered society comprising of members who are owners of their respective flats in a multi-storey building, known as Nirmal Tower Building Occupants Welfare Society (Regd), Barakhamba Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 54/2019 Page 1 of 6 Signing Date:29.01.2026 17:47:24 Road, New Delhi – 110001. It was further claimed that the building stood constructed in the year 1975, and that the appellant was responsible for the maintenance and upkeep of the common areas of the said building, which it failed to do. It was stated that, in terms of the licence deed executed between the apartment owners and the appellant, the apartment owners were making contributions towards maintenance, repairs, redecorating of the main structure and other related heads. The respondent was particularly aggrieved by the appellant’s deliberate failure to