Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Cottage Industries Exposition Ltd. – Appellant
Versus
Dinesh Dayal – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. Through the present Appeal, the Appellant [Defendant before the Commercial Court] assails the judgment and decree dated 23.10.2024 [hereinafter referred to as 'Impugned Judgment'] passed by the learned District Judge (Commercial), Patiala House Courts, New Delhi [hereinafter referred to as 'Commercial Court'], in CS (COMM.) No. 167/2023 captioned Dinesh Dayal and Ors. v. Cottage Industries Exposition Ltd. , whereby the suit filed by the Respondents [Plaintiffs before the Commercial Court] was decreed under Order XIII-A of the Code of Civil Procedure, 1908 [hereinafter referred to as 'CPC'] as applicable to commercial disputes, in favour of the Respondents, for a sum of Rs.12,97,540/- along with pendente lite and future interest @ 12% per annum from the filing of the suit till realization of amount along with costs.
2. At the outset, it would be apposite to notice the factual background giving rise to the present appeal.
3. The Appellant is a company engaged in the business of tourism and handicrafts and was inducted as a tenant in respect of a commercial premises situated at Flat No. 1-E, First Floor, DCM Building, 16, Barakhamba Road, New Delhi, along
Summary judgment is not appropriate in cases with substantial factual disputes requiring evidentiary hearing; admissions in documents alone do not justify bypassing trial.
Point of Law : It is a settled law that if a contract contains a clause providing for some sort of waiver and/or suspension of rent, it is only then that tenant could claim same.
The determination of whether premises qualify as a commercial dispute hinges on actual use, not merely the designation of the property as residential.
A plaint must be read meaningfully to determine if it discloses a cause of action; issues of jurisdiction and limitation are to be resolved at trial.
Summary judgment requires clear evidence from the plaintiff, and the existence of triable issues necessitates a full hearing.
The court ruled that adequate notice was served to the defendants, and the suit was commercial in nature, but the decree could not be set aside due to alternative remedies available under the Code of....
The amended Order XIII-A of The Civil Procedure Code applies to suits for Summary Judgment transferred to the Commercial Division, and the plaintiff must provide clear and unequivocal evidence to sup....
The main legal point established in the judgment is the court's reliance on the appellants' admissions regarding the landlord-tenant relationship, liability to pay rent, and termination of tenancy.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
