LAWS(DLH)-2021-7-17

CONNAUGHT PLAZA RESTURANTS Vs. CAPITAL BOOT HOUSE

Decided On July 01, 2021
Connaught Plaza Resturants Appellant
V/S
CAPITAL BOOT HOUSE Respondents

JUDGEMENT

(1.) I.A. 7647/2021 (under Section 151 of CPC, 1908- seeking extension/ enlargement of time) & I.A. 7648/2021 (under Order XXXIX, Rules 1 and 2, read with Section 151 of CPC, 1908- for restraining the respondent from interfering with peaceful possession of the petitioner)

(2.) It is not necessary to enter into the details of controversy between the parties. Suffice it to state that the settlement deed dated 3rd November, 2016, in which the respondent was the 'first party', and the petitioner was the 'second party', specifically envisaged, inter alia, thus:

(3.) By the present application, the petitioner seeks extension of time to vacate the premises of the respondent. The only ground urged in the petition, and argued before the Court by Dr. Sharma, learned Counsel for the petitioner, is the intervening COVID-19 pandemic and the restrictions put in place by the lockdowns imposed by the governmental authorities from time to time. Dr. Sharma submits that these lockdowns have made it impossible for the petitioner to vacate the premises before 30th June, 2021, as required by the afore-extracted clause in the settlement deed between the parties.