BHARAT AGARWAL Vs. NMDC LIMITED

JUDGEMENT

(1.) The bone of contention in the present suit pertains to dismissal of an application of the petitioners under Order XI Rule 1(5) of the Code of Civil Procedure, 1908 (hereinafter "CPC") seeking to place on additional documents vide order dtd. 28/8/2023 in the commercial suit i.e. CS(COMM) No. 788/2022 which is pending adjudication before the learned District Judge, Commercial Court-03, Patiala House Courts, New Delhi (hereinafter "Commercial Court"). The said commercial suit is titled as "Bharat Agarwal vs NMDC Ltd.".

(2.) It will be apposite to elucidate relevant facts being, that the petitioners are the owners of the suit property bearing No.109-109A, First Floor, Surya Kiran Building, 19, Kasturba Gandhi Marg, New Delhi 110001 admeasuring 1670 square feet. The respondent has been a tenant in the suit property since 1972, with the last lease deed being executed on 28/8/2017 for the period from 1/4/2016 to 31/4/2020.

(3.) The respondent being the tenant, vide the letter dtd. 10/6/2020 communicated its intention to vacate the suit property by 31/8/2020 and also requested the petitioners that a no dues certificate be issued to it stating that the petitioners have no further claim from it with respect of the tenanted premises.