HIM TRADERS PVT LTD Vs. S K GUPTA

JUDGEMENT

(1.) This revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') challenges the impugned order of the Additional Rent Controller dated 31.3.2011 which has dismissed the leave to defend application filed by the defendant/petitioner herein, inasmuch as the leave to defend application was filed beyond the period of 15 days.

(2.) The trial court has relied upon the judgment of the Supreme Court in the case of Prakash H.Jain Vs. Ms. Marie Fernandes, 2003 AIR(SC) 4591, however, now there is in fact a direct judgment of the Supreme Court under the Delhi Rent Control Act in the case of Prithipal Singh Vs. Satpal Singh (dead) through LRs, 2010 2 SCC 15 which holds that there cannot be delay of even one day beyond the period of 15 days for filing of the leave to defend application.

(3.) In the present case, as per the trial court record, the petitioner was served on 08.10.2010 by the process server. Petitioner is a company and it was served through one Mr.R.K.Gupta who is the Director and the authorized signatory of the petitioner/company. I note that as per the Order 29 of the Code of Civil Procedure, 1908 (CPC), service on a company can be effected through a principal officer and a Director of a company is surely a principal officer.