Allowed

Quality Council of India v. Union of India and Anr.

Delhi HC22 Jan 2024W.P.(C)/973/2024

Case brief

AI extract

What is this about?

This is a short order where the Hon'ble Court allowed a writ petition filed by a sub-tenant regarding eviction proceedings. The Court found no immediate threat of eviction based on the correspondence filed and disposed of the petition without making observations on the merits. The order also noted a pending application was disposed of along with it.

What did the court decide?

The writ petition was allowed and disposed of; observations on merits were expressly refused.

Quality Council of India Vs Union of India and Anr. — Landlord and Tenant | Delhi HC (2024)

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$~73

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 973/2024

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QUALITY COUNCIL OF INDIA ..... Petitioner Through: Mr. Dayan Krishnan, Senior Advocate & Mr. Mohit Mathur, Senior Advocate with Mr. Sukrit Seth, Mr. Neeraj Kumar, Ms. Amita R Mishra, Mr. Vishal Rao, Mr. Harsh Gautam, Mr. Sahej Garg, Ms. Shikha, Advocates

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versus

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UNION OF INDIA AND ANR. ..... Respondents Through: Mr. Shashank Garg, CGSC with Ms.Vidhi Gupta, Ms. Nishtha Jain, Ms. Aradhya Chaturvedi, Advocates for R-1

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R % 22.01.2024 CM APPL. 4046/2024 (Exemption)

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Allowed, subject to all just exceptions.

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W.P.(C) 973/2024 & CM APPL. 4045/2024

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The Petitioner is a tenant under Respondent No.2 and is occupying the premises which were allotted to the Indian Council of Child Welfare, 4, Deen Dayal Upadhyay Marg Marg, New Delhi under a lease agreement dated 19.05.1977 entered into between the President of India and Respondent No.2.

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Page 1 of 3

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W.P.(C) 973/2024

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 18:42:08

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Clause 13 of the lease agreement does not permit Respondent No.2/lessee to sub-lease the premises without prior permission of the President of India.

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On the ground that the lease conditions have been violated, a notice dated 19.01.2024 has been issued by Respondent No.1 for eviction of the Petitioner, who is a sub-lessee of Respondent No.2.

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Mr. Shashank Garg, learned CGSC for Respondent No.1, states that the Petitioner is under no threat of being evicted immediately. He states that one page of the said notice has been omitted and the complete notice has not been filed.

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Mr. Dayan Krishnan, learned Senior Counsel for the Petitioner, states that the said page has not been provided to the Petitioner.

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The relevant portion of the page which has not been filed, reads as under:-

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“ Copy also to the following, with a request to take note of the aforesaid re-entry order and direction to open an Escrow Account with immediate effect for depositing monthly rental (as per existing agreement with ICCW) for continuing to avail office space at the said premises. The opening of Escrow Account and intimation to L&DO may be ensured within 5 days period from date of issue of this letter, failing which you may prefer to vacate the premises. Based on request received with details of the Escrow Account to L&DO, temporary arrangement shall continue till the time a final decision is taken in this regard:

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1. Administrative Incharge, Quality Council of India, Indian Council for Child Welfare Building, 4, Pandit Deen Dayal Upadhyay Marg, New Delhi-110002

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Page 2 of 3

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W.P.(C) 973/2024

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2. Administrative Incharge, National Savings Institute, Department of Economic Affairs, First Floor, Indian Council for Child Welfare Building, 4, Pandit Deen Dayal Upadhyay Marg, New Delhi-110002

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3. Director General, O/o Director General Audit (Railway Commercial), 4, Pandit Deen Dayal Upadhyay Marg, New Delhi-110002.”

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In view of the above, there is no immediate threat for the Petitioner to be evicted from the premises.

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The writ petition is disposed of along with pending application(s), if any.

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It is made clear that this Court has not made any observations on the merits of the case.

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SUBRAMONIUM PRASAD, J

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JANUARY 22, 2024 hsk

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Page 3 of 3

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W.P.(C) 973/2024

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 18:42:08

Quality Council of India v. Union of India and Anr.

Case brief

What is this about?

What did the court decide?

Quality Council of India v. Union of India and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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