A lease deed not registered creates a month-to-month tenancy; urgent interim relief suits are exempt from mandatory pre-institution mediation.

JUDGMENT

Navin Chawla, J. (Oral)

I.A. 21806/2022

1. The learned senior counsel for the plaintiff/non-applicant does not oppose this application seeking condonation of delay, filed by the defendant/applicant.

2. Accordingly, the delay of 55 days in filing of the Written Statement by the defendant/applicant is condoned. The same be placed on record, de hors the Office Objection.

3. The application stands allowed.

I.A. 21783/2022

4. The defendant/applicant is granted a period of two weeks to deposit the deficient Court Fees before the Registry of this Court.

5. The application is disposed of in the above terms.

I.A. 21785/2022

6. This application has been filed by the defendant/applicant under Section 10 of the Code of Civil Procedure, 1908 (in short, `CPC') praying for the stay of the present suit till the adjudication of the suit filed by the defendant/applicant, titled as Brompton Lifestyle Brands Pvt. Ltd. v. Riveria Commercial Developers Limited, registered as CS (COMM.) No. 266/2021 pending adjudication before the learned District Judge (Commercial Court)-01, Patiala House Courts, New Delhi (in short, `learned District Judge').

7. Issue Notice.

8. Notice is accepted by Ms.Meghna Mishra, the learned counsel on behalf of the plaintiff/non-applicant. She waives her right to file any reply to the application.

9. She submits that the suit filed by the defendant/applicant and pending adjudication before the learned District Judge, prays for the following relief:

"a) Pass a decree of Permanent Injunction in favour of the Plaintiff and against the Defendant whereby permanently restraining the Defendant from dispossessing the Plaintiff from the suit shop i.e. shop bearing number G-5A, situated at ground floor of the building namely, The Chanakya, situated at Yashwant Place Commercial Complex, opposite Chanakyapuri Post Office, Chanakyapuri, New Delhi-110021, without following due process of law;"

10. She submits that, in fact, the plaintiff/non-applicant has no objection to the said suit being decreed, inasmuch as the plaintiff/non-applicant has already instituted the present suit, which is `due process of law` for inter alia seeking the eviction of the defendant/applicant from the suit premises, that is, the shop bearing number G-5A, situated at the ground floor of the building, namely, `The Chanakya', situated at Yashwant Place Commercial Complex, opposite Chanakyapuri Post Office, Chanakyapuri, New Delhi-110021 (hereinafter referred to as the `suit premises').

11. In view of the statement made by the learned counsel for the plaintiff/non-applicant and exercising the powers under Section 24 of the CPC, the suit, being CS (COMM.) No. 266/2021 titled Brompton Lifestyle Brands Pvt. Ltd. v. Riveria Commercial Developers Limited, is transferred to this Court from the Patiala House Courts, New Delhi; and is decreed in terms of the prayer which has been reproduced hereinabove.

12. In view of the above, the present application is also dismissed as having been rendered infructuous.

I.A. 18886/2022

13. This application has been filed by the plaintiff praying for a decree against the defendant, directing the defendant to hand over the actual and vacant physical possession of the suit premises.

Submissions on behalf of the learned senior coun