CS(COMM) 640/2022

$~31

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 20.12.2022

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CS(COMM) 640/2022

RIVERIA COMMERCIAL DEVELOPERS LTD

..... Plaintiff

Through:

Mr.Rajiv Nayar, Sr. Adv. &

Mr.B.B. Gupta, Sr. Adv. with

Ms.Meghna Mishra, Mr.Tarun

Sharma, Mr.Achal Gupta &

Ms.Aishwariya

Chaturvedi,

Advs.

versus

BROMPTON LIFESTYLE BRANDS PVT LTD

..... Defendant

Through:

Mr.Gaurav Gupta, Mr.Nikhil

Kohli,

Mr.Rahul

Sinha,

Mr.Akshaya

Ganpath

&

Ms.Kritika Khurana, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

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.

Digitally Signed By:RENUKA

NEGI

Signing Date:23.12.2022

19:41:51

Signature Not Verified

CS(COMM) 640/2022

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:-

Digitally Signed By:RENUKA

NEGI

Signing Date:23.12.2022

19:41:51

Signature Not Verified

CS(COMM) 640/2022

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.

Digitally Signed By:RENUKA

NEGI

Signing Date:23.12.2022

19:41:51

Signature Not Verified

CS(COMM) 640/2022

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 counsel for the

plaintiff

14.

The learned senior counsel for the plaintiff, placing

reliance on the judgments of this Court in Geeta v. Mohd. Raza

and Another, 2019 SCC OnLine Del 11385, and