Rd Wire Tech Machines Private Ltd vs. Dayawati

ITEM NO.14

COURT NO.14

SECTION XIV

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 12859/2024

(Arising out of impugned judgment and order dated 18-03-2024 in RFA (COMM) No. 103/2024 passed by the High Court of Delhi at New Delhi)

RD WIRE TECH MACHINES PRIVATE LTD. & ANR. Petitioner(s)

VERSUS

DAYAWATI & ANR.

Respondent $(s)$

(FOR ADMISSION and I.R.)

Date: 11-06-2024 This petition was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE [VACATION BENCH]
• For Petitioner(s) Mr. Anuuj Aggarwal, Adv. Mr. Abhishek Gupta, Adv. Mr. Vivek Aggarwal, Adv. Ms. Reema Singh, Adv. Mr. Vineet Kumar Jain, Adv. Mr. Abhinav S. Raghuvanshi, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

ORDER

Upon hearing learned counsel for the parties, we are not 1. inclined to interfere with the impugned order of eviction passed by the High Court and the trial court. Accordingly, the Special Leave Petition is dismissed.

Protect Not Verified However, the petitioners are allowed time till 31.10.2024 to Thundover vacant possession of the premises to the respondentslandlord subject to petitioners paving the current lease rent, the

arrears of lease rent and mesne-profit etc. decreed by the trial court. The same shall be done within a period of one month and the petitioners shall file undertaking in the Registry of this Court to the above effect within 15 days from today.

3. At this stage, learned counsel for the respondents – landlord informs that warrant for delivery of possession has already been issued by the executing court and today the bailiff is likely to execute the warrant. Learned counsel submits that instructions shall be issued to the person concerned not to execute the warrant. However, if for some reason, the warrant is executed for lack of communication, still the respondents shall allow time till 31.10.2024 to the petitioners to vacate the premises.

4. Pending application(s), if any, shall stand closed.

(NITIN TALREJA) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)