Remedies under Section 25B(8) of the Delhi Rent Control Act are exclusive and must be pursued before a coordinate bench, barring any further challenges in different petitions.

JUDGMENT:

TARA VITASTA GANJU, J.

1. The present Petition has been filed under Article 227 of the Constitution of India, 1950 impugning an order dated 26.07.2025 passed by the learned ACJ/CCJ/ARC, NDD, Patiala House Courts, New Delhi [hereinafter referred to as “Impugned Order”] in Execution proceedings No. Ex.344/2025 captioned Absterge Real Estate Pvt Ltd v. Masihi Sahitya Sanstha

2. The matter has been received on transfer from the Roster Bench after directions were passed for conversion of these Petitioners into Civil Revision Petitions.

3. By way of the Impugned Order, two Applications have been decided. The first Application is an Application under Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] in RC ARC No. 14/2023 captioned Absterge Real Estate Pvt. Ltd. v. Masihi Sahitya Sansthan seeking recall and to set aside the judgment and order dated 24.12.2024 passed by the Court of the learned Rent Controller [hereinafter referred to as “24.12.2024 Judgment”] in the following manner:

“(i) the Judgement and order dated 24.12.2024 be set aside by this Hon'ble Court by recalling the said. order by this Hon’ble Court and the Respondent may be granted unconditional leave to contest the Eviction Petition of the Petitioner...”

3.1 The Second Application is an Application/Objections filed under Order XXI Rule 58 read with Section 47 and 151 of the CPC filed in Execution proceedings No. 344/2025 captioned Absterge Real Estate Pvt. Ltd. v. Mashi Sahitya. The prayers in this Application/Objections [hereinafter referred to as "Second Application"] are almost similar to the Application filed to the First Application and are set out below:

“(i) That Judgement and order dated 24.12.2024 be ignored by this Hon'ble Court as a nullity and the present execution be dismissed...”

4. As stated above, the Impugned Order is a composite order which has disposed of the First Application [which was filed before the learned Rent Controller] and has finally disposed of the execution proceedings and also dismissed the objections that were filed by the Petitioner/Judgment Debtor.

4.1 The challenge in respect of the 24.12.2024 Judgment is in relation to the premises i.e. commercial flat/floor on the front portion of first floor (facing Janpath), constructed at Plot no.33, Block no.134, also known as 70, First Floor, Janpath, New Delhi-110001 [hereinafter referred to as “subject premises”].

5. Although, there are two separate Petitions filed challenging the same order, the challenge in the two Petitions is slightly different. C.R.P. 229/2025 seeks to challenge the order in the First Application praying for recall of the 24.12.2024 Judgment, while C.R.P. 230/2025 is a challenge to the dismissal of the Second Application/Objections.

6. The Coordinate Bench of this Court has on 31.07.2025 passed an order directing that the Petitions be converted to Civil Revision Petitions.

The relevant extract is below:

"1. After hearing arguments for some time, learned Senior counsel for petitioner, on instructions, submits that in view of the Mohd. Arshad and Others vs. Syed Mohd Yahaya Nizami :2024 SCC OnLine Del 7173, the present petitions which have been filed under Article 227 of Constitution of India, be rather converted into Civil Revision Petitions under Section 115 CPC.

2. In view of the above, while directing that the present petitions be converted into Revision Petitions under Section 115 CPC, the same, subject to the order of the Hon’ble the Chief Justice, be placed before the learned Roster Bench dealing with such Revision Petitions on 01.08.2025."

7. Learned Senior Counsel for the Petitioner/Judgment De