Dismissed

Sh. Dinesh Chaudhary v. Sh. Nankhoo Yadav

Delhi HC13 Nov 2024RC.REV./88/2024

Case brief

AI extract

What is this about?

A tenant's revision petition became infructuous after the landlord recovered possession through execution proceedings. Counsel sought withdrawal and liberty to recover security deposit held by the landlord under Section 19(1) of the Delhi Rent Control Act.

What did the court decide?

Petition dismissed as withdrawn with liberty to recover the security amount in accordance with law.

Sh. Dinesh Chaudhary Vs Sh. Nankhoo Yadav — Landlord and Tenant | Delhi HC (2024)

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$~27

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RC.REV. 88/2024 & CM APPL. 18713/2024

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SH. DINESH CHAUDHARY .....Petitioner

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Through: Mr. Chandan, Adv.

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versus

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SH. NANKHOO YADAV .....Respondent Through: Mr. Abhishek Sharma, Adv.

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CORAM:

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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O R D E R % 13.11.2024

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Learned Counsel for the Petitioner submits that the possession of the subject premises has been taken over by the Respondent/landlord through execution proceedings filed by the Respondent/landlord. In this view of the matter that nothing further survives in the present Petition and the Petition has become infructuous. However, he submits that there is some amount of security which remains available with the Respondent/landlord.

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In this regard, reliance is placed upon the judgment passed by this Court, in Ashok Gupta & Anr v. Deepak Rao; 2024 SCC OnLine Del 7148 . This Court is supported in its view by judgments passed by Coordinate Benches of this Court including Om Prakash Ashok Kumar & Sons v. Ajay Khurana, 2024 SCC OnLine Del 5228, Neelam Sharma v. Ekant Rekhan reported as 2019 SCC Online Del 6487 , and Bhawani Shankar v Nand Lal and Ors. reported as 2021 SCC OnLine Del 4284.

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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 18/11/2024 at 14:11:15

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In addition, it is contended that the Petitioner/tenant is adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958.

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Learned Counsel for the Petitioner seeks to withdraw the present Petition and all pending Applications.

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Liberty is granted to the Petitioner to take appropriate steps for recovery of the aforesaid security amount, in accordance with law. 6. The Petition and all pending Applications are dismissed as withdrawn with liberty as prayed for.

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TARA VITASTA GANJU, J

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NOVEMBER 13, 2024/SA

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Click here to check corrigendum, if any

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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 18/11/2024 at 14:11:15

Sh. Dinesh Chaudhary v. Sh. Nankhoo Yadav

Case brief

What is this about?

What did the court decide?

Sh. Dinesh Chaudhary v. Sh. Nankhoo Yadav

Case brief

What is this about?

What did the court decide?

What the court decided

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