Dismissed¶32

S.K. Electricals & Anr. v. Om Parkash

Delhi HC24 Sept 2025RFA(COMM)/557/2025

Case brief

AI extract

What is this about?

RFA(COMM) 557/2025, Delhi High Court, decided 24.09.2025; S.K. Electricals & Anr. v. Om Parkash; commercial suit CS (COMM) 618/2024 possession decree dated 30.07.2025 under Order 12 Rule 6 r/w Section 151 CPC; judgment-debtor tenant appeal; undertaking to vacate tenanted shop (Khasra No. 10/19, 100 sq. yrds., Maksudabad, Najafgarh) by 31.12.2025; execution deferred; contempt warning; appeal dismissed as withdrawn; pending CM applications infructuous.

What did the court decide?

Appeal dismissed as withdrawn (not pressed) upon acceptance of the appellants' sworn undertaking to vacate the entire suit premises and hand over possession to the respondent/Decree Holder by 31st December 2025; execution proceedings deferred till 31st December 2025; any breach of the undertaking to attract contempt proceedings; pending applications rendered infructuous.

S.K. Electricals & Anr. Vs Om Parkash — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the judgment and decree dated 30th July 2025 decreeing delivery of possession of the tenanted premises to the respondent should be interfered with in the present appeal by the Judgment Debtor-tenants. +1 more

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Court's answer

Since the appellants' undertaking was accepted and the appeal was not pressed, the appeal was dismissed as withdrawn.

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Ratio / Principle

The Division Bench accepted the affidavit/undertaking of appellant no.2 (proprietor of appellant no.1/Firm) that possession of the premises, in terms of the decree, shall be handed over to the respondent/Decree Holder by 31st December 2025.

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Key takeaways

Execution proceedings arising out of the possession decree were deferred till 31st December 2025 in view of the accepted undertaking.ratio¶34
Violation of the undertaking given to the Court will result in the appellant/Judgment Debtor facing contempt proceedings.ratio¶31
Pending applications in the appeal (CM APPL. 61175-61176/2025) were rendered infructuous.ratio

Detailed headnote1 paragraphs

Division Bench of the Delhi High Court (Nitin Wasudeo Sambre and Anish Dayal, JJ.) in RFA(COMM) 557/2025, decided 24.09.2025: Appeal by judgment-debtor tenants (S.K. Electricals & Anr.) against the judgment and decree dated 30.07.2025 of the District Judge (Commercial Court)-03, Dwarka in CS (COMM) 618/2024, whereby the landlord-respondent Om Parkash's suit for possession of shop/plot no.7 A, Khasra No. 10/19, measuring 100 sq. yrds., Maksudabad, Najafgarh, New Delhi was partly decreed under Order 12 Rule 6 r/w Section 151 CPC on the defendants' admissions, with direction to deliver vacant and peaceful possession within 15 days. After hearing counsel at length and not being convinced to allow the appeal, the Court accepted the affidavit/undertaking of appellant no.2, proprietor of appellant no.1 firm, to vacate the rented shop and hand over possession to the respondent/Decree Holder by 31.12.2025. The appeal, having been not pressed, was dismissed as withdrawn; execution proceedings were deferred till 31st December 2025; breach of the undertaking was stated to expose the judgment debtors to contempt proceedings; pending applications were rendered infructuous.

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$~40

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA(COMM) 557/2025 & CM APPL. 61175-61176/2025

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S.K. ELECTRICALS & ANR. .....Appellants

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Through: Mr. B.R. Kaushik, Advocate.

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versus

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OM PARKASH .....Respondent Through: Mr. S.B. Sharma, Mr. Ankit Sharma, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 24.09.2025

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The respondent/decree holder initiated the suit for being CS (COMM) No.618/2024 before the Ld. District Judge (Commercial Court)-03, SouthWest District, Dwarka Courts, New Delhi.

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The suit was filed seeking possession of the tenanted premises and was decreed vide judgment and decree dated 30^th July 2025; the operative part speaks thus:

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“ 14. In view of the abovesaid discussion and the clear and unambiguous admissions on the part of the defendants, the plaintiff is entitled to the possession of the said property from the defendants. In the said circumstances and discussion, the application of the plaintiff under Order 12 Rule 6 r/w Section 151 CPC is allowed to the extent that the suit is partly decreed to the effect that the defendants are directed to deliver the vacant and peaceful possession of the suit/tenanted property i.e. shop/plot no.7 A, Khasra No. 10/19, measuring 100 sq. yrds., Maksudabad,

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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 26/09/2025 at 11:51:02

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Najafgarh, New Delhi as detailed and marked in red in the site plan filed alongwith the plaint within 15 days from the date of this order .”

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Pursuant to the aforesaid decree, respondent/Decree Holder initiated execution proceedings, whereas the appellant/Judgment Debtor-tenant initiated the present appeal questioning the above judgment.

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We have heard the counsel for appellant/Judgment Debtor at length. Since we are not convinced to allow the present appeal, counsel for appellant/Judgment Debtor made an oral request that the appellant be granted breathing time to vacate the premises and further had undertaken to file an affidavit/undertaking before this Court, during the course of hearing.

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Affidavit/undertaking tendered and duly sworn by appellant no.2, who is proprietor no.1/Firm, states as under:

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“ I, Sunil Kumar, aged about 53 years, S/o Shri Surat Singh, R/o VPO Kair, Langan Pana, New Delhi-110043, do hereby solemnly affirm, state and declare as under:-

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1. That I am appellant No.2 in the above mentioned appeal and am fully conversant with the facts of the case and competent to file and swear the present affidavit.

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2. That I undertake to vacate the rented shop in dispute on 31.12.2025 and hand over the possession of the same to the Respondent.

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That is my true statement .”

¶24

In the wake of aforesaid undertaking, appellant nos.1 & 2 have undertaken to vacate the entire suit premises in terms of decree in any case by 31^st December 2025.

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Since the statement is coming on oath on affidavit duly sworn by appellant no.2 for himself and in the capacity of proprietor of appellant

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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 26/09/2025 at 11:51:02

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no.1/Firm, we deem it appropriate to take the said affidavit on record and accept the undertaking.

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That being so, we deem it appropriate to defer the hearing of the execution proceedings till 31^st December 2025.

¶30

Statement made on affidavit that the possession of the premises, in terms of the decree, shall be handed over to the respondent/Decree Holder by 31^st December 2025, is accepted as an undertaking.

¶31

We make it clear that in case if there is any violation of the undertaking given to this Court, same will result in the appellant/Judgment Debtor facing contempt proceedings for violating the undertaking given to this Court.

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In view of the aforesaid affidavit, counsel for the appellant has not pressed the appeal, and that being so, we dismiss the appeal as withdrawn by accepting the undertaking as taken on record mentioned hereinabove.

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Pending applications are rendered infructuous.

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Till 31^st December 2025, the execution proceedings be deferred.

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Order be uploaded on the website of this Court.

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NITIN WASUDEO SAMBRE, J

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ANISH DAYAL, J

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SEPTEMBER 24, 2025/ ak

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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 26/09/2025 at 11:51:02

S.K. Electricals & Anr. v. Om Parkash

Case brief

What is this about?

What did the court decide?

S.K. Electricals & Anr. v. Om Parkash

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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