Subhash Chand Gupta versus Ravi Kumar - Order No: 19

Misc RC ARC/6/2020 CNR NO. DLWT03-0009042020 SUBHASH CHAND GUPTA Vs. RAVI KUMAR

06.12.2024

Proceedings

Present:

Sh. Babar Ali, Ld. Counsel for the petitioner.

None for the respondent.

An application has been moved on behalf of the petitioner/ applicant for release of rent deposited by the respondent.

Perusal of the record reveals that an appeal is pending in the Ld. Appellate Court of Sh. Vinod Kumar, Ld. RCT, West District, THC, Delhi.

Record further reveals that an order U/Sec. 15(1) D.R.C. Act was passed in the judgment dated 02.03.2020 passed by Ld. Predecessor of this Court vide which the respondent was directed to pay or tender or deposit the rent @ Rs. 125/- per month w.e.f. 12.07.2010 alongwith simple interest @ 15% per annum.

Further, vide order dated 27.10.2023 passed by Ld. Appellate Court, the respondent was directed to deposit the rent in compliance of judgment/ order dated 02.03.2020. However, it was made clear that if the appellant/respondent herein succeeds, the respondent in the appeal/petitioner herein shall refund the deposited amount to the appellant.

Nazir has also filed his report, which reveals that in compliance of the order dated 27.10.2023 passed by Ld. Appellate Court, the respondent has deposited the rent in the Court.

In these circumstances, the application filed by the applicant/petitioner stands allowed. The rent deposited by the respondent be released in favour of the petitioner. However, keeping in view the directions of

the Ld. Appellate Court, it is made clear that if the appellant/respondent herein succeeds, the petitioner herein shall refund the deposited amount to the respondent. Accordingly, the application is disposed of.

Put up for further proceedings on 03.03.2025.

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(ALKA SINGH) Addl. Rent Controller (W)

THC/Delhi.06.12.2024.

Misc RC ARC/6/2020

CNR NO. DLWT03-0009042020

SUBHASH CHAND GUPTA Vs. RAVI KUMAR

Present: Sh. Babar Ali, Ld. Counsel for the petitioner.

An application has been moved on behalf of the petitioner/

applicant for release of rent deposited by the respondent.

Perusal of the record reveals that an appeal is pending in the Ld.

Appellate Court of Sh. Vinod Kumar, Ld. RCT, West District, THC, Delhi.

Record further reveals that an order U/Sec. 15(1) D.R.C. Act was

passed in the judgment dated 02.03.2020 passed by Ld. Predecessor of this

Court vide which the respondent was directed to pay or tender or deposit the rent

@ Rs. 125/- per month w.e.f. 12.07.2010 alongwith simple interest @ 15% per

annum.

Further, vide order dated 27.10.2023 passed by Ld. Appellate

Court, the respondent was directed to deposit the rent in compliance of

judgment/ order dated 02.03.2020. However, it was made clear that if the

appellant/respondent herein succeeds, the respondent in the appeal/petitioner

herein shall refund the deposited amount to the appellant.

Nazir has also filed his report, which reveals that in compliance of

the order dated 27.10.2023 passed by Ld. Appellate Court, the respondent has

deposited the rent in the Court.

In these circumstances, the application filed by the

applicant/petitioner stands allowed. The rent deposited by the respondent be

released in favour of the petitioner. However, keeping in view the directions of

-2-

the Ld. Appellate Court, it is made clear that if the appellant/respondent herein

succeeds, the petitioner herein shall refund the deposited amount to the

respondent. Accordingly, the application is disposed of.

(ALKA SINGH)

Addl. Rent Controller (W)