Dismissed

Smt Asha Rani Gupta v. Shri Rajender Kumar

Delhi HC19 Jan 2016CONT.CAS(C)/157/2014

Case brief

AI extract

What is this about?

The court disposed of three proceedings regarding a tenanted shop. It raised an objection to the enforcement of a consent decree via contempt. It directed NDMC to restore electricity connections to the tenant within ten days if compliant, clarifying that a landlord's NOC is not a valid ground for denial.

What did the court decide?

The contempt case closed. W.P. No.2861/2013 disposed with liberty to complain upon any misrepresentation; W.P. No.5406/2013 disposed with direction to NDMC to inspect and restore electricity connectio

Smt Asha Rani Gupta Vs Shri Rajender Kumar — Landlord and Tenant | Delhi HC (2016)

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Signature Not Verified Digitally Signed By:AM UL YA

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22+ W.P.(C) 5406/2013 & CMs No.6699/2014 (u/S 340 Cr.P.C.) & 10049/2014 (for directions)

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RAJINDER KUMAR KANAUJIA Petitioner Through: Mr. SachinChopra,Mr. AjayChopra and Mr. Shubhnit Hans, Advs.

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Versus

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NEW DELHI MUNICIPAL COUNCIL & ORS Respondents Through: Mr. Harsha Peechara and Mr. MananjayMishra, Advs. for NDMC. Mr. Jevesh Nagrat, Mr. Amit Latawa and Mr. Shobit Phutela, Advs. for R-3

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CORAM:

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HON'BLE MR. JUSTICE RAJIV SAHAIENDLAW ORDER o/o 19.01.2016

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All the three proceedingsconcernShop No.7, Jor Bagh Market,New Delhi of whichMs. AshaRani Gupta is the owner and Mr. RajinderKumar Kanaujiaisthe tenantunderthe said Ms. Asha Rani Gupta.

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The counselsstate that Cont.Cas(C)No.157/2014arises not firom any order in these writ petitions but independentlyand have addressed first thereon.

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^ It is the case of Ms. Asha Rani Gupta in the contempt case that Mr. RajinderKumar Kanaujiais in violationof the order dated 19^^ November, 2013 in CS(OS) No.288/2012filed by Ms. Asha Rani Gupta against Mr. Rajinder Kumar Kanaujia.

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In the said order which is a consent order, Mr. Rajinder Kumar Kanaujiawho is describedthereinas the defendanthad agreedas under:

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Page 2 of 6

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"(c) The Defendants will ensure that the wire mesh is only up to the height of the wall and not beyond the height of the wall No object will be kept by the Defendants above the wire mesh. TheDefendants are permitted to cover the wire mesh, up to the height of the wall, withplastic sheets only during the monsoon season and shall remove the plastic sheets when there are no rains."

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The counsel for Ms. Asha Rani Gupta states that Mr. Rajinder Kumar Kanaujia did not reduce the height of the wire mesh and put water tanks over the same.

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The counselfor Mr. RajinderKumarKanaujiastatesthat Mr. Rajinder Kumar Kanaujia,withoutprejudiceto his contentionthat he was entitledto have the wire mesh till the height of the tenanted premises has totally removed the wire mesh fromthe rear open space of the shop aforesaid. 7. Though in view of the aforesaid statement of the counsel for Mr. RajinderKumar Kanaujia,no case for proceedingfurtherwith the contempt case is made out but I may record that it was my query to the counsel for Ms. Asha Rani Gupta and to which no answer was forthcoming,how the contemptis maintainable. The remedy againstnon-performanceof consent decreein a suitis by way of executionandnot by way of contempt. Though the counselfor Ms. Asha Rani Gupta draws attentionto Clause (e) of Para 2 of the order dated 19^ November,2013 supra but that is with respectto the undertakingsgiven and recordedin the earlierorder and not with respectto the agreement/ settlementas recorded in the order dated 19^ November, 2013.

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Page 3 of 6

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The counsel for Mr. Rajinder Kumar Kanaujia states that Mr. Rajinder Kumar Kanaujia in future also shall not install any wire mesh enclosure in the rear open courtyard of the shop.

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The notice earlier issued is discharged and Cont.Cas(C) No.157/2014 is closed.

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W.P.(C) No.2861/2013 has been filed by Ms. Asha Rani Gupta seeking mandamus to the New Delhi Municipal Council (NDMC), Delhi Fire Service (DPS), Delhi Pollution Control Committee (DPCC) and the Delhi Police to take action with respect to activity of dry cleaning of clothes being carried on by Mr. Rajinder Kumar Kanaujia in the aforesaid shop.

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The counsel for Mr. Rajinder Kumar Kanaujia states that Mr. Rajinder Kumar Kanaujia has stoppedusing the shop for dry cleaning of clothesand has removed all machinery and equipment therefrom and is now using the shop only for the purposeof bookingof dry cleaningorders and deliveryof dry cleaning clothes. It is stated that the process of dry cleaningis done from elsewhere.

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The counsel for Ms. Asha Rani Gupta states that he is not aware. 13. Recording the aforesaid statement on behalf of Mr. Rajinder Kumar Kanaujia and binding him thereto and with liberty to Ms. Asha Rani Gupta to, if finds Mr. Rajinder Kumar Kanaujia to be carrying on any dry cleaning activity from the shop, complainto the authoritieswith respectthereto and with a direction to the authorities aforesaid to immediately take action on the said complaint, W.P.(C)No.2861/2013is also disposed of.

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Page 4 of 6

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W.P.(C) No.5406/2013 has been filed by Mr. Rajinder Kumar Kanaujia for mandamus to the NDMC to restore electricitysupply to the aforesaid shop.

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It is statedthat pursuantto a fire in the said shops, both the electricity connectionsto the said shop were disconnected;under interim order dated 23"^ May, 2014 in this petition,the commerciallight connectionhas been restoredbut the commercialpowerconnectionhas not beenrestored. 16. Till Mr. RajinderKumarKanaujiais a tenantin possessionof the said shop and is using the said shop in accordance with Laws, Rules and Regulations applicable thereto, he cannot be deprived of the essential amenities of electricity.

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Accordingly,W.P.(C)No.5406/2013is disposedof with a directionto the respondentNDMC to inspect the said premiseswithin ten days and if finds Mr. RajinderKumar Kanaujiato be compliantwith all the conditions and otherwise entitled to restoration of both the aforesaid connections to restore the same, including one which has been restored under interim orders, subject of course to Mr. Rajinder Kumar Kanaujia making all the payments and complyingwith all the other formalities. If for any reason, Mr. Rajinder Kumar Kanaujia is not found entitled to restorationof said connections or either of them, reasoned order thereon be passed within one month from today and be communicatedto Mr. RajinderKumar Kanaujia. It is further clarifiedthat absence of 'No Objection Certificate' (NOC) from the landlady shall not be a ground for denying restorationof either of the connections. Needless to state, Mr. Rajinder Kumar Kanaujia if remains aggrievedshall have remediesin accordancewith law.

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Page 5 of 6

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It is made clear that none of the observations contained in this order shall come in the way of either party in any of the other proceedings inter se including the eviction proceeding and any observation herein is only for the purposeof theseproceedingsandnot a findingon the respectiverightsof the parties.

No costs.

JIV SAHAIENDLAW, J.

JANUARY 19,2016 bs..

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Smt Asha Rani Gupta v. Shri Rajender Kumar

Case brief

What is this about?

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Smt Asha Rani Gupta v. Shri Rajender Kumar

Case brief

What is this about?

What did the court decide?

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