BHIM SEN BATRA Vs. SHREYANS BUILDWELL PVT LTD

JUDGEMENT

(1.) Aggrieved by the order dated 7th November, 2013 whereby the leave to defend application of the petitioner in an eviction petition filed under Section 14(1)(e) DRC Act by the respondent was dismissed being beyond the period prescribed, the petitioner prefers the present petition.

(2.) The Respondent filed the eviction petition before the learned ARC under Section 14 (1) (e) of the DRC Act stating that the Respondent was a company registered under the Companies Act, 1956, Shri Vinod Nair is the Principal Officer and Attorney of the Respondent Company and is duly authorized to sign, verify and institute the eviction petition. It is further stated that Shop No. 29, 9062, Ram Bagh, Azad Market, Delhi-110006 had been let out to the Petitioner for commercial purposes from where the Petitioner was carrying his business activity. It was stated that the Respondent Company was incurring losses for a long time and thus to revamp its business, the Respondent Company requires place for building proper infrastructure and office to be used by its employees as per the plan finalized. The Respondent Company is in the process of hiring more than 40 new employees and therefore it has to build up a new and bigger office. The Respondent Company requires the said shop bona fidely for its own use and for the use of its employees and Respondent Company does not have any alterative or suitable non-residential premises. The Respondent Company is presently accommodating in shop No.21 of the said complex. It is further stated that the Respondent Company has initiated similar process of eviction against the other ten tenants in various shops in the complex.

(3.) Summons in the present eviction petition were served upon the authorized representative of the petitioner on 16th July, 2013 and the leave to defend application was filed by the petitioner before the learned ARC only on 30th August, 2013. Thus admittedly there was a delay of 27 days in filing the leave to defend application.