SHOBHA VIKRAM Vs. RHEOTECH FOUNDRY PVT. LTD.

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 18/4/2023 passed in Com.O.S.No.57/2022 by the X Additional District and Sessions Judge, (dedicated commercial Court), Bengaluru Rural District, Bengaluru (for short, 'the commercial Court') whereby, the application (I.A.No.XVI) filed by the petitioner under Sec. 151 of the Code of Civil Procedure, 1908 for a direction to the respondent-defendant to pay the entire outstanding arrears of rent, failing which to strike off the defence and hand over vacant possession of the suit schedule premises was rejected by the commercial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

(3.) The material on record discloses that the petitioner-plaintiff instituted the aforesaid suit for ejectment/eviction, payment of arrears of rent and other reliefs in relation to the suit schedule premises. In the said suit, apart from contesting the same by filing the written statement, the respondent-defendant has also put forth a counterclaim which is also pending before the commercial Court and it is contested/opposed by the petitioner-plaintiff. During the pendency of the suit, the petitioner filed the instant application (I.A.No.XVI), which was opposed by the respondent-defendant culminating in the impugned order whereby, the commercial Court has dismissed I.A.No.XVI filed by the petitioner-plaintiff, aggrieved by which, he is before this Court by way of the present petition.