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2022 Supreme(Del) 1590

AMIT BANSAL
Anuj Kaicker And Another – Appellant
Versus
Punjab National Bank – Respondent


Advocates appeared:
Amit Sethi, Advocate, Riddhi Jad, Advocate, Apoorv Sarvaria, Advocate, Tushar Chawla, Advocate

JUDGMENT

amit Bansal, J. - I.a. 13172/2019 (of the defendant u/O-VII R-11 of CPC)

1. The present application has been filed on behalf of the applicant/defendant under provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), seeking rejection of plaint on the ground that the jurisdiction of this Court is barred under Section 50 of the Delhi Rent Control act, 1958 (DRCa) read with Section 11 of the Commercial Courts act, 2015.

2. Brief facts necessary for deciding the present application are as follows:

    I. a notice dated 15th May, 2017 was issued by the plaintiffs to the defendant demanding arrears of rent at the rate of Rs.200 per month from 15th June, 2015 till 30th april, 2017 and payment of arrears of property tax amounting to Rs.12,16,786/- in respect of the suit property from the year 2010 to 2017. In the said notice, it was specifically averred that the plaintiffs are the co-owners of the premises bearing No. a-10, Mezzanine Floor, a Block, Connaught Place, New Delhi-110001 (hereinafter, referred to as the 'suit property').

    II. a reply dated 3rd July, 2017 was issued on behalf of the defendant wherein, it was specifically stated on behalf of the defendant that t

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