1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4600 OF 2017 [ @ SPECIAL LEAVE PETITION (C) NO. 18644 OF 2013 ] SUKHESH CHAND GUPTA Appellant (s) VERSUS MADAN LAL Respondent(s) WITH CIVIL APPEAL NO. 4705 OF 2017 [ @ SPECIAL LEAVE PETITION (C) NO. 17178 OF 2013 ] J U D G M E N T KURIAN, J. 1. Leave granted. 2. The appellant is aggrieved since two concurrent findings on default in payment of rent have been upset by the High Court on a petition filed under Article 227 of the Constitution of India. It is the case of the tenant that the defaulted rent had been sent by money order and it is the landlord, who refused to accept the money order. 3. There is no dispute that the case of money order was not set up before the trial court or before the first Appellate Court. That was set up only before the High Court.
2 4. Even assuming, the High Court could look into such materials at that stage, it is seen from the money order that the amount sent was Rs. 632/- in the month of May, 2002 when the rent was only paltry sum of Rs. 24/- per month. 5. Therefore, this is a case of willful default for all purposes and hence, the High Court was not justified in reversing the findings. The impugned Judgment of the High Court is, hence, set aside and the appeals are allowed. 6. The Judgment and order passed by the Rent Controller and as affirmed by the appellate authority is restored. 7. At this stage, the learned counsel for the tenant seeks some time to surrender vacant possession of the premises in question. It is submitted that the small shop is the only means of livelihood for his family. 8. Having regard to the entire facts and circumstances of the case, though the prayer is seriously opposed by the landlord, we are of the view that the equities could be balanced if the respondent-tenant is permitted to continue in
3 occupation of the premises till the end of month of Diwali in the year 2018. Ordered accordingly. 9. However, this is subject to the following conditions :- 1) The respondent-tenant shall file a usual undertaking before this Court within three weeks from today. 2) He shall undertake not to sublet the premises or to change the business or induct any new partner. 3) The respondent will continue to pay the amount of rent as he is paying now, as a special case, towards use and occupation charges. 10. It is made clear that in case of any default in abiding by the order, as above, the respondent-tenant shall be liable for consequences including the liability for contempt of this Court. .......................J. [ KURIAN JOSEPH ] .......................J. [ R. BANUMATHI ] New Delhi; March 28, 2017.
4 ITEM NO.5 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 18644/2013 (Arising out of impugned final judgment and order dated 05/12/2012 in CMP No. 1061/2012 passed by the High Court Of Delhi At New Delhi) SUKHESH CHAND GUPTA Petitioner(s) VERSUS MADAN LAL Respondent(s) (With Office Report) (for final disposal) WITH SLP(C) No. 17178/2013 (With interim relief and Office Report) Date : 28/03/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Dhruv Mehta, Sr. Adv. Mr. Ashwani Kumar, Adv. Mr. P. K. Rawal, Adv. Ms. Iti Sharma, Adv. Mr. Puneet Sharma, Adv. For Respondent(s) Mr. J. C. Mahindru, Adv. Ms. Sapna S. Kapil, Adv. Ms. Uttara Babbar, Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. The appeals are allowed in terms of the signed non-reportable Judgment Pending interlocutory applications, if any, stand disposed of. (Jayant Kumar Arora) Court Master (Renu Diwan) Assistant Registrar (Signed non-reportable Judgment is placed on the file)
5
1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4600 OF 2017 [ @ SPECIAL LEAVE PETITION (C) NO. 18644 OF 2013 ] SUKHESH CHAND GUPTA Appellant (s) VERSUS MADAN LAL Respondent(s) WITH CIVIL APPEAL NO. 4705 OF 2017 [ @ SPECIAL LEAVE PETITION (C) NO. 17178 OF 2013 ] J U D G M E N T KURIAN, J. 1. Leave granted. 2. The appellant is aggrieved since two concurrent findings on default in payment of rent have been upset by the High Court on a petition filed under Article 227 of the Constitution of India. It is the case of the tenant that the defaulted rent had been sent by money order and it is the landlord, who refused to accept the money order. 3. There is no dispute that the case of money order was not set up before the trial court or before the first Appellate Court. That was set up only before the High Court.
2 4. Even assuming, the High Court could look into such materials at that stage, it is seen from the money order that the amount sent was Rs. 632/- in the month of May, 2002 when the rent was only paltry sum of Rs. 24/- per month. 5. Therefore, this is a case of willful default for all purposes and hence, the High Court was not justified in reversing the findings. The impugned Judgment of the High Court is, hence, set aside and the appeals are allowed. 6. The Judgment and order passed by the Rent Controller and as affirmed by the appellate authority is restored. 7. At this stage, the learned counsel for the tenant seeks some time to surrender vacant possession of the premises in question. It is submitted that the small shop is the only means of livelihood for his family. 8. Having regard to the entire facts and circumstances of the case, though the prayer is seriously opposed by the landlord, we are of the view that the equities could be balanced if the respondent-tenant is permitted to continue in
3 occupation of the premises till the end of month of Diwali in the year 2018. Ordered accordingly. 9. However, this is subject to the following conditions :- 1) The respondent-tenant shall file a usual undertaking before this Court within three weeks from today. 2) He shall undertake not to sublet the premises or to change the business or induct any new partner. 3) The respondent will continue to pay the amount of rent as he is paying now, as a special case, towards use and occupation charges. 10. It is made clear that in case of any default in abiding by the order, as above, the respondent-tenant shall be liable for consequences including the liability for contempt of this Court. .......................J. [ KURIAN JOSEPH ] .......................J. [ R. BANUMATHI ] New Delhi; March 28, 2017.
Þ$1NON-REPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 4600 OF 2017[ @ SPECIAL LEAVE PETITION (C) NO. 18644 OF 2013 ] SUKHESH CHAND GUPTA Appellant (s) VERSUSMADAN LAL Respondent(s)WITHCIVIL APPEAL NO. 4705 OF 2017[ @ SPECIAL LEAVE PETITION (C) NO. 17178 OF 2013 ]J U D G M E N TKURIAN, J.1. Leave granted.2. The appellant is aggrieved since two concurrentfindings on default in payment of rent have beenupset by the High Court on a petition filed underArticle 227 of the Constitution of India. It is thecase of the tenant that the defaulted rent had beensent by money order and it is the landlord, whorefused to accept the money order.3. There is no dispute that the case of money orderwas not set up before the trial court or before thefirst Appellate Court. That was set up only beforethe High Court.24. Even assuming, the High Court could look intosuch materials at that stage, it is seen from themoney order that the amount sent was Rs. 632/- in themonth of May, 2002 when the rent was only paltry sumof Rs. 24/- per month.5. Therefore, this is a case of willful default forall purposes and hence, the High Court was notjustified in reversing the findings. The impugnedJudgment of the High Court is, hence, set aside andthe appeals are allowed.6. The Judgment and order passed by the RentController and as affirmed by the appellate authorityis restored.7. At this stage, the learned counsel for the tenantseeks some time to surrender vacant possession of thepremises in question. It is submitted that the smallshop is the only means of livelihood for his family.8. Having regard to the entire facts andcircumstances of the case, though the prayer isseriously opposed by the landlord, we are of the viewthat the equities could be balanced if therespondent-tenant is permitted to continue in3occupation of the premises till the end of month ofDiwali in the year 2018. Ordered accordingly.9. However, this is subject to the followingconditions :-1) The respondent-tenant shall file a usualundertaking before this Court within three weeks fromtoday.2) He shall undertake not to sublet the premises orto change the business or induct any new partner.3) The respondent will continue to pay the amount ofrent as he is paying now, as a special case, towardsuse and occupation charges.10. It is made clear that in case of any default inabiding by the order, as above, the respondent-tenantshall be liable for consequences including theliability for contempt of this Court........................J.
[ KURIAN JOSEPH ] .......................J. [ R. BANUMATHI ] New Delhi;March 28, 2017.4ITEM NO.5 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 18644/2013(Arising out of impugned final judgment and order dated 05/12/2012in CMP No. 1061/2012 passed by the High Court Of Delhi At NewDelhi)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With Office Report)(for final disposal)WITHSLP(C) No. 17178/2013(With interim relief and Office Report)Date : 28/03/2017 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHIFor Petitioner(s) Mr. Dhruv Mehta, Sr. Adv. Mr. Ashwani Kumar, Adv. Mr. P. K. Rawal, Adv. Ms. Iti Sharma, Adv. Mr. Puneet Sharma, Adv. For Respondent(s) Mr. J. C. Mahindru, Adv. Ms. Sapna S. Kapil, Adv. Ms. Uttara Babbar, Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. The appeals are allowed in terms of the signed non-reportableJudgmentPending interlocutory applications, if any, stand disposedof.(Jayant Kumar Arora)Court Master (Renu Diwan)Assistant Registrar(Signed non-reportable Judgment is placed on the file)5
ITEM NO.15 (P.H.) COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 18644/2013 (Arising out of impugned final judgment and order dated 05/12/2012 in CMP No. 1061/2012 passed by the High Court Of Delhi At New Delhi) SUKHESH CHAND GUPTA Petitioner(s) VERSUS MADAN LAL Respondent(s) (With Office Report) (For Final Disposal) WITH SLP(C) No. 17178/2013 (With interim relief and office report) Date : 21/03/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Dhruv Mehta,Sr.Adv. Mr. Ashwani Kumar,Adv. Mr. P.K. Rawal,Adv. Ms. Iti Sharma,Adv. Mr. Puneet Sharma,Adv. For Respondent(s) * Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E R All attempts for an amicable settlement of the disputes have turned futile. Therefore, the only course is to hear the matter on merits. Post on 28.03.2017 as first item. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR *Appearance slip is not given.
^ITEM NO.15 (P.H.) COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 18644/2013(Arising out of impugned final judgment and order dated 05/12/2012in CMP No. 1061/2012 passed by the High Court Of Delhi At New Delhi)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With Office Report) (For Final Disposal)WITHSLP(C) No. 17178/2013 (With interim relief and office report)Date : 21/03/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHIFor Petitioner(s) Mr. Dhruv Mehta,Sr.Adv. Mr. Ashwani Kumar,Adv.Mr. P.K. Rawal,Adv.Ms. Iti Sharma,Adv.Mr. Puneet Sharma,Adv. For Respondent(s) *Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E RAll attempts for an amicable settlement of the disputes haveturned futile. Therefore, the only course is to hear the matter onmerits.Post on 28.03.2017 as first item. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR*Appearance slip is not given.
ITEM NO.8 COURT NO.7 SECTION XIV (PART HEARD) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 18644/2013 (Arising out of impugned final judgment and order dated 05/12/2012 in CMP No. 1061/2012 passed by the High Court of Delhi at New Delhi) SUKHESH CHAND GUPTA Petitioner(s) VERSUS MADAN LAL Respondent(s) (With office report) (For Final Disposal) WITH SLP(C) No. 17178/2013 (With interim relief and office report) Date : 09/03/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Ashwani Kumar,Adv. Mr. Puneet Sharma,Adv. Ms. Iti Sharma,Adv. For Respondent(s) Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel on both the sides still find some light at the end of the pipe, provided the case is taken after Holi vacation. List on 21.03.2017 at 2.00 P.M. for final disposal. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
¤ITEM NO.8 COURT NO.7 SECTION XIV(PART HEARD) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 18644/2013(Arising out of impugned final judgment and order dated 05/12/2012in CMP No. 1061/2012 passed by the High Court of Delhi at New Delhi)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With office report) (For Final Disposal)WITHSLP(C) No. 17178/2013(With interim relief and office report)Date : 09/03/2017 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHIFor Petitioner(s) Mr. Ashwani Kumar,Adv.Mr. Puneet Sharma,Adv.Ms. Iti Sharma,Adv. For Respondent(s) Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E RLearned counsel on both the sides still find some light at theend of the pipe, provided the case is taken after Holi vacation.List on 21.03.2017 at 2.00 P.M. for final disposal. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
ITEM NO.38 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 18644/2013 (Arising out of impugned final judgment and order dated 05/12/2012 in CMP No. 1061/2012 passed by the High Court of Delhi at New Delhi) SUKHESH CHAND GUPTA Petitioner(s) VERSUS MADAN LAL Respondent(s) (With office report) (For Final Disposal) WITH SLP(C) No. 17178/2013 (With interim relief and office report) Date : 06/03/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Dhruv Mehta,Sr.Adv. Mr. Ashwani Kumar,Adv. Ms. Iti Sharma,Adv. Mr. Puneet Sharma,Adv. For Respondent(s) Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E R Arguments heard, which remained inconclusive. List on 08.03.2017, as part heard. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
(ITEM NO.38 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 18644/2013(Arising out of impugned final judgment and order dated 05/12/2012in CMP No. 1061/2012 passed by the High Court of Delhi at New Delhi)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With office report) (For Final Disposal) WITHSLP(C) No. 17178/2013 (With interim relief and office report)Date : 06/03/2017 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHIFor Petitioner(s) Mr. Dhruv Mehta,Sr.Adv. Mr. Ashwani Kumar,Adv.Ms. Iti Sharma,Adv.Mr. Puneet Sharma,Adv. For Respondent(s) Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E RArguments heard, which remained inconclusive. List on 08.03.2017, as part heard. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
ITEM NO.47 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 18644/2013 (Arising out of impugned final judgment and order dated 05/12/2012 in CMP No. 1061/2012 passed by the High Court of Delhi at New Delhi) SUKHESH CHAND GUPTA Petitioner(s) VERSUS MADAN LAL Respondent(s) (with office report) (For Final Disposal) WITH SLP(C) No. 17178/2013 (With Interim Relief and Office Report) Date : 10/02/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Dhruv Mehta,Sr.Adv. Mr. Ashwani Kumar,Adv. Ms. Iti Sharma,Adv. Mr. Puneet Sharma,Adv. For Respondent(s) Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E R List on 06.03.2017. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
Listed on 10.02.2017 Before Court No. 7 Item No. 47 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) Nos.18644 and 17178/ 2013 WITH PRAYER FOR INTERIM RELIEF Sukhesh Chand Gupta Petitioner VERSUS Madan Lal Respondent OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 30.01.2017, when the Court was pleased to pass the following order:- “ List on 10.02.2017. ” It is submitted that counsel for the petitioner in both SLP has on 02.02.2017 filed separate Rejoinder Affidavit with the leave of the Hon’ble Court and the same are being circulated herewith. Service is already complete in both the matters. The matters above-mentioned are listed before the Hon'ble Court with this Office Report. DATED THIS THE 07 th DAY OF FEBRUARY, 2017. ASSISTANT REGISTRAR Copy to : Mr. Ashwani Kumar, Advocate Ms.Uttara Babbar, Advocate ASSISTANT REGISTRAR P-2/Avi
\200ITEM NO.47 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 18644/2013(Arising out of impugned final judgment and order dated 05/12/2012in CMP No. 1061/2012 passed by the High Court of Delhi at New Delhi)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(with office report) (For Final Disposal)WITHSLP(C) No. 17178/2013(With Interim Relief and Office Report) Date : 10/02/2017 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKARFor Petitioner(s) Mr. Dhruv Mehta,Sr.Adv.Mr. Ashwani Kumar,Adv.Ms. Iti Sharma,Adv.Mr. Puneet Sharma,Adv. For Respondent(s) Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E RList on 06.03.2017. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
ITEM NO.46 COURT NO.6 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 18644/2013 (Arising out of impugned final judgment and order dated 05/12/2012 in CMP No. 1061/2012 passed by the High Court Of Delhi At New Delhi) SUKHESH CHAND GUPTA Petitioner(s) VERSUS MADAN LAL Respondent(s) (with office report) WITH SLP(C) No. 17178/2013 (with Interim Relief and Office Report) Date : 30/01/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Ashwani Kumar, Adv. Ms. Iti Sharma, Adv. Mr. Puneet Sharma, Adv. For Respondent(s) Ms. Megha Agrawal, Adv. Ms. Uttara Babbar, Adv. Ms. Akanksha Choudhary, Adv. UPON hearing counsel the Court made the following O R D E R List on 10.02.2017. (Jayant Kumar Arora) Court Master (Renu Diwan) Assistant Registrar
¾ITEM NO.46 COURT NO.6 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 18644/2013(Arising out of impugned final judgment and order dated 05/12/2012in CMP No. 1061/2012 passed by the High Court Of Delhi At NewDelhi)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(with office report)WITHSLP(C) No. 17178/2013(with Interim Relief and Office Report)Date : 30/01/2017 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKARFor Petitioner(s) Mr. Ashwani Kumar, Adv. Ms. Iti Sharma, Adv. Mr. Puneet Sharma, Adv. For Respondent(s) Ms. Megha Agrawal, Adv. Ms. Uttara Babbar, Adv. Ms. Akanksha Choudhary, Adv. UPON hearing counsel the Court made the following O R D E R List on 10.02.2017. (Jayant Kumar Arora)Court Master (Renu Diwan)Assistant Registrar
ITEM NO.54 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 18644/2013 (Arising out of impugned final judgment and order dated 05/12/2012 in CMP No. 1061/2012 passed by the High Court of Delhi at New Delhi) SUKHESH CHAND GUPTA Petitioner(s) VERSUS MADAN LAL Respondent(s) (For Final Disposal) WITH SLP(C) No. 17178/2013 (With Interim Relief and Office Report) Date : 23/01/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Ashwani Kumar,Adv. Ms. Iti Sharma,Adv. Mr. Puneet Sharma,Adv. For Respondent(s) * Ms. Megha Agrawal,Adv. Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E R Counsel on both sides submit that they will explore the possibility of an amicable settlement. In view of the above submission, list on 30.01.2017. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR *Name of the arguing counsel is not mentioned in the appearance slip.
ITEM NO.54 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 18644/2013(Arising out of impugned final judgment and order dated 05/12/2012in CMP No. 1061/2012 passed by the High Court of Delhi at New Delhi)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(For Final Disposal)WITHSLP(C) No. 17178/2013 (With Interim Relief and Office Report) Date : 23/01/2017 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKARFor Petitioner(s) Mr. Ashwani Kumar,Adv.Ms. Iti Sharma,Adv.Mr. Puneet Sharma,Adv. For Respondent(s) *Ms. Megha Agrawal,Adv.Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E RCounsel on both sides submit that they will explore thepossibility of an amicable settlement.In view of the above submission, list on 30.01.2017. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR*Name of the arguing counsel is not mentioned in the appearance slip.
ITEM NO.5 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 18644/2013 (Arising out of impugned final judgment and order dated 05/12/2012 in CMP No. 1061/2012 passed by the High Court of Delhi at New Delhi) SUKHESH CHAND GUPTA Petitioner(s) VERSUS MADAN LAL Respondent(s) (with office report) (For Final Disposal) WITH SLP(C) No. 17178/2013 (With Interim Relief and Office Report) Date : 18/01/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Ashwani Kumar,Adv. Ms. Iti Sharma,Adv. Mr. Puneet Sharma,Adv. For Respondent(s) Ms. Megha Agarwal,Adv. Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E R T he respondent and the son of the petitioner are personally present before the Court. According to the learned counsel for the petitioner, the area of the shop in question is around 160 sq. ft., and the market rent is approximately Rs.1,000/- per sq. ft. However, the son of the petitioner, who is present in the Court, submits that since the respondent is engaged in a small business, they are prepared to reduce the rent to Rs.500/- per sq. ft. 1
The respondent is directed to get instructions as to whether he is prepared to pay the rent a little around the market rate, in any case not less than Rs.200/- per sq. ft. List the case on 23.01.2017. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR 2
Listed on 18.01.2017 Before Court No. 8 Item No. 4 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) Nos.18644 and 17178/ 2013 WITH PRAYER FOR INTERIM RELIEF Sukhesh Chand Gupta Petitioner VERSUS Madan Lal Respondent OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 04.02.2014, when the Court was pleased to pass the following order:- “ On a request made by the learned counsel for the parties, list the matters after four weeks. ” It is submitted that in SLP (C) No. 17178/2013, counsel for the petitioner has on 06.04.2015 filed an application for directions without clearly mentioning the direction sought for in the prayer. Despite this Registry’s letter dated 08.04.2015 he has not done the needful so far. However, the unregistered application is being circulated herewith. Service is already complete in both the matters. The matters above-mentioned are listed before the Hon'ble Court with this Office Report. DATED THIS THE 16 th DAY OF JANUARY, 2017. ASSISTANT REGISTRAR Copy to : Mr. Ashwani Kumar, Advocate Ms.Uttara Babbar, Advocate ASSISTANT REGISTRAR P-2/Avi
jITEM NO.5 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 18644/2013(Arising out of impugned final judgment and order dated 05/12/2012in CMP No. 1061/2012 passed by the High Court of Delhi at New Delhi)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(with office report) (For Final Disposal)WITH SLP(C) No. 17178/2013(With Interim Relief and Office Report) Date : 18/01/2017 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE A.M. KHANWILKARFor Petitioner(s) Mr. Ashwani Kumar,Adv.Ms. Iti Sharma,Adv.Mr. Puneet Sharma,Adv. For Respondent(s) Ms. Megha Agarwal,Adv. Ms. Uttara Babbar,Adv. UPON hearing the counsel the Court made the following O R D E RT he respondent and the son of the petitioner are personallypresent before the Court. According to the learned counsel for the petitioner, the areaof the shop in question is around 160 sq. ft., and the market rentis approximately Rs.1,000/- per sq. ft. However, the son of thepetitioner, who is present in the Court, submits that since therespondent is engaged in a small business, they are prepared toreduce the rent to Rs.500/- per sq. ft.1The respondent is directed to get instructions as to whetherhe is prepared to pay the rent a little around the market rate, inany case not less than Rs.200/- per sq. ft.List the case on 23.01.2017. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR2
zITEM NO.23 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).18644/2013(From the judgement and order dated 05/12/2012 in CMP No. 1061/2012 of TheHIGH COURT OF DELHI AT NEW DELHI)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With office report)WITH SLP(C) NO. 17178 of 2013[SUKHESH CHAND GUPTA V. MADAN LAL(With prayer for interim relief and office report)Date: 04/02/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE V. GOPALA GOWDAFor Petitioner(s)in both SLPS Mr. Ashwani Kumar, Adv. Ms. Iti Sharma, Adv.For Respondent(s)in both SLPS Mr. Rajshekhar Rao, Adv. Ms. Zehra Khan, Adv. Ms. Uttara Babbar,Adv. UPON hearing counsel the Court made the following O R D E R| ||On a request made by the learned counsel for the parties, list the matters ||after four weeks. || ||[KALYANI GUPTA] | |[S.S.R. KRISHNA] ||COURT MASTER | |COURT MASTER |
Listed on 7.1.2014 Before Court No. 10 Item No. 28 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) Nos.18644 and 17178 2013 WITH PRAYER FOR INTERIM RELIEF Sukhesh Chand Gupta Petitioner VERSUS Madan Lal Respondent OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 30.9.2013, when the Court was pleased to pass the following order:- “List for final disposal on a non- miscellaneous day.” It is submitted that sole respondent (common) in both SLPs is represented by Ms. Uttara Babbar, Advocate and separate counter affidavits filed by her have already been included in respective SLP Paper Books. Service is already complete in both the matters. The matters above-mentioned are listed before the Hon'ble Court with this Office Report. DATED THIS THE 6 th DAY OF JANUARY, 2014. DEPUTY REGISTRAR Copy to : Mr. Ashwani Kumar, Advocate Ms.Uttara Babbar, Advocate DEPUTY REGISTRAR sk
ÜITEM NO.28 COURT NO.10 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).18644/2013(From the judgement and order dated 05/12/2012 in CMP No.1061/2012 of TheHIGH COURT OF DELHI AT N. DELHI)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With office report) (For final disposal)WITH SLP(C) NO. 17178 of 2013(With prayer for interim relief and office report)(For final disposal)Date: 07/01/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE V. GOPALA GOWDAFor Petitioner(s) Mr. Ashwani Kumar,Adv.For Respondent(s) Ms. Uttara Babbar,Adv. UPON hearing counsel the Court made the following O R D E R List on 04.02.2014. (NAVEEN KUMAR) (INDU POKHRIYAL) COURT MASTER COURT MASTER
nITEM NO.66 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).18644/2013(From the judgement and order dated 05/12/2012 in CMP No.1061/2012 of TheHIGH COURT OF DELHI AT N. DELHI)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With office report)WITH SLP(C) NO. 17178 of 2013(With prayer for interim relief and office report)Date: 30/09/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSEFor Petitioner(s) Mr. Ashwani Kumar, Adv. Ms. Iti Sharma, Adv.For Respondent(s) Mr. Ankur Mahindru, Adv. Ms. Uttara Babbar, Adv. Mr. Raj Shaker Rao, Adv. Mr. Rayjith Mark, Adv. Ms. Megha Nagpal, Adv. UPON hearing counsel the Court made the following O R D E R List for final disposal on a non-miscellaneous day. (NAVEEN KUMAR) (S.S.R. KRISHNA) COURT MASTER COURT MASTER
ÌITEM NO.65 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).18644/2013(From the judgement and order dated 05/12/2012 in CMP No.1061/2012 of TheHIGH COURT OF DELHI AT N. DELHI)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With office report)WITH SLP(C) NO. 17178 of 2013(With prayer for interim relief and office report)Date: 16/09/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSEFor Petitioner(s) Mr. Ashwani Kumar, Adv. Ms. Iti Sharma, Adv.For Respondent(s) Mr. Ankur Mahindru, Adv. Mr. Shyam Mohan, Adv. Mr. Rayjith Mark, Adv. Ms. Uttara Babbar, Adv. Ms. Megha Nagpal, Adv. UPON hearing counsel the Court made the following O R D E R In view of the letter circulated on behalf of the respondent, list after one week. (NAVEEN KUMAR) (SANJAY KUMAR) COURT MASTER COURT MASTER
ÎITEM NO.66 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).18644/2013(From the judgement and order dated 05/12/2012 in CMP No.1061/2012 of TheHIGH COURT OF DELHI AT N. DELHI)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With office report )WITHSLP(C) NO. 17178 of 2013(With prayer for interim relief and office report)Date: 12/08/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSEFor Petitioner(s) Mr. Ashwani Kumar,Adv.For Respondent(s) Mr. Ankur Mahindru, Adv. Mr. Shyam Mohan, Adv. For Ms. Uttara Babbar,Adv. UPON hearing counsel the Court made the following O R D E R Counsel for the respondent has circulated a letter praying for adjournment on the ground of some personal difficulty. As prayed, list after one week. |(Neetu Khajuria) |(S.S.R. Krishna) ||Sr.P.A. |Court Master |
ÐITEM NO.11 COURT NO.13 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).18644/2013(From the judgement and order dated 05/12/2012 in CMP No.1061/2012 of TheHIGH COURT OF DELHI AT N. DELHI)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With office report)WITH SLP(C) NO. 17178 of 2013(With prayer for interim relief and office report)Date: 15/07/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE KURIAN JOSEPHFor Petitioner(s) Mr. Ashwani Kumar,Adv.For Respondent(s) Ms. Uttara Babbar, Adv. UPON hearing counsel the Court made the following O R D E R List after three weeks to enable the counsel for the respondent to file reply. (NAVEEN KUMAR) (S.S.R. KRISHNA) COURT MASTER COURT MASTER
LITEM NO.4 COURT NO.13 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 9900/2013(From the judgement and order dated 05/12/2012 in CMP No.1061/2012 of TheHIGH COURT OF DELHI AT N. DELHI)SUKHESH CHAND GUPTA Petitioner(s) VERSUSMADAN LAL Respondent(s)(With appln(s) for c/delay in filing SLPWITHSLP(C) NO. 17178 of 2013(With prayer for interim relief and office report)Date: 08/05/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Kailash Vasdev, Sr. Adv. Ms. Iti Sharma, Adv. For Mr. Ashwani Kumar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice returnable within six weeks. |(Neetu Khajuria) |(Sneh Bala Mehra) ||Sr.P.A. |Court Master |