Laxmi Electric Company Vs Mahesh Vaidya — Delhi HC (2025) — LawSathi Research

Laxmi Electric Company Vs Mahesh Vaidya — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Clarification granted: the applicant/tenant may avail only the remaining two (2) days of the six-month statutory period under Section 14(7) DRC Act vide the judgment dated 06.04.2018, commencing with effect from 23.12.2025 (the date of this Court's judgment in the captioned revision petition).

Issue for consideration

From which date shall the six-month statutory period available to the petitioner/tenant under Section 14(7) of the Delhi Rent Control Act, 1958 commence, as per the direction contained in paragraph 32 of the judgment dated 23.12.2025?

Court's answer

The period covered by the stay counts in its entirety towards the six-month statutory benefit under Section 14(7) DRC Act: the statutory benefit of six months was extended vide the judgment dated 06.04.2018 and expired on 04.10.2018 when the stay was granted, so the applicant/tenant had already availed five (5) months and twenty-eight (28) days of the total statutory period of six months.

Ratio / Principle

Since this Court upheld the order dated 06.04.2018 under challenge and vacated the stay of 04.10.2018, the applicant/tenant is entitled only to the remaining two (2) days of the total statutory period of six months under Section 14(7) DRC Act.

Key takeaways

The remaining two (2) days of the statutory six-month period run with effect from the passing of this Court's judgment on 23.12.2025, i.e., the date of the judgment passed in the captioned revision petition.ratio¶19

Detailed headnote1 paragraphs

CM APPL. 17073/2026 in RC.REV. 314/2018 (Laxmi Electric Company v Mahesh Vaidya), High Court of Delhi, Saurabh Banerjee J., 19.03.2026 - application under Section 151 CPC by the petitioner seeking clarification of the judgment dated 23.12.2025 (paragraph 32) as to the commencement of the six-month statutory period under Section 14(7) of the Delhi Rent Control Act, 1958. The Court holds that the statutory benefit of six months extended vide the Additional Rent Controller's judgment dated 06.04.2018 (passed in a petition under Section 14(1)(e) DRC Act) runs continuously from that judgment; the interim stay granted by this Court on 04.10.2018 counts in its entirety towards the six months, so the petitioner/tenant, having already availed five (5) months and twenty-eight (28) days, is entitled only to the remaining two (2) days, running with effect from 23.12.2025, the date of this Court's judgment upholding the 06.04.2018 order and vacating the stay. Application disposed of with this clarification.

$~74

IN THE HIGH COURT OF DELHI AT NEW DELHI

- RC.REV. 314/2018

LAXMI ELECTRIC COMPANY .....Petitioner Through: Mr. Ashutosh Lohia, Ms. Shraddha Bhargava & Ms. Rishika Jain, Advocates.

versus

MAHESH VAIDYA .....Respondent Through: Mr. Achal Gupta and Mr. Ujjwal Jain, Advocates.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 19.03.2026

CM APPL. 17073/2026 (by petitioner seeking clarification on the impugned judgment dt. 23.12.2025)

By virtue of the present application under Section 151 of the Code of Code of Civil Procedure, 1908, the applicant seeks clarification of the Judgment dated 23.12.2025, particularly the direction contained in paragraph 32 therein i.e. as to from which date shall the six-month statutory period available to the petitioner/ tenant under Section 14(7) of the Delhi Rent Control Act, 1958 ( DRC Act ) shall commences.

Issue notice. Learned counsel for the respondent accepts notice.

To proceed, it is relevant that the impugned judgment under challenge was passed by the learned Additional Rent Controller ( ARC ) in a petition under Section 14(1)(e) of the DRC Act on 06.04.2018; the present petition was filed thereafter before this Court on 28.05.2018; this

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 23/03/2026 at 11:01:15

Court passed an interim order of stay of the impugned judgment on 04.10.2018; and finally the judgment of which modification is being sought was passed on 23.12.2025.

Based thereon, the applicant/ tenant was extended the statutory benefit of six months vide impugned judgment dated 06.04.2018, which expired on 04.10.2018 when this Court passed an order granting a stay thereof. As such, it cannot be denied that the said period in entirety has to be counted/ calculated for all purposes towards the benefit of the six months as provided under Section 14(7) of the DRC Act. Therefore, as evident therefrom the applicant/ tenant had already availed the benefit of five (5) months and twenty eight (28) days out of the total statutory period of six months .

Resultantly, since this Court has upheld the order dated 06.04.2018 under challenge and vacated the order of stay granted by this Court on 04.10.2018 it is clarified that the applicant/ tenant shall only be entitled to avail the benefit of the remaining period of two (2) days of the total period of six months statutorily available to him under Section 14(7) of the DRC Act vide impugned judgment dated 06.04.2018 with effect from passing of the judgment by this Court on 23.12.2025. i.e. the date of the judgment passed in the captioned revision petition.

The present application is accordingly disposed of with the aforesaid clarification.

SAURABH BANERJEE, J.

MARCH 19, 2026/NA

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 23/03/2026 at 11:01:15