Babu Lal Patel and Anr. Vs Senator Wood Pvt. Ltd.

The present petition has been filed under Article 227 of the Constitution of India assailing the order dated 07.05.2026 passed by the learned District Judge (Commercial Court)-02, West District, Tis Hazari Courts, Delhi in CS (Comm.) No. 511/2024, whereby, while taking note of the pendency of CM(M) No. 2474/2025 before this Court and recording that no stay was operating against the proceedings before the Trial Court, the learned Trial Court deferred consideration of the plaintiff's application under Order XIII-A of the Code of Civil Procedure, 1908, and adjourned the matter for arguments, so as to be taken up after the next date fixed before this Court in the connected proceedings.

¶11

The brief facts necessary for adjudication of the lis are-

¶12

The petitioners had let out the subject property bearing I /I13, I Block,

¶13

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 15/07/2026 at 11:35:50

¶15

Ware Housing Scheme,Village Basal Dara Pur , Kirti Nagar, New Delhi110015 to the respondents vide registered lease deed dated 17.02.2021 for ₹2,08,000 increasable by 4% after expiry of one year. The petitioners on 04.06.2024 filed a suit against the respondent seeking possession of ground floor and basement, mesne profits, damages and injunction. The respondent thereafter filed a written statement on 16.08.2024.

¶16

Subsequently, the petitioners filed an application under Order XV A of the CPC seeking arrears of rent payable from March 2024. The learned trial court vide order dated 21.12.2024 noted that undisputably the respondent was a tenant of the petitioner and had paid rent up till February, 2024. Thus, the learned trial court allowed the petitioner’s application under Order XV A of CPC and directed respondent to pay ₹2,34,000 with effect from 01.03.2024.

¶17

The respondent thereafter preferred a review application against the order dated 21.12.2024. However, in the interregnum, the learned trial court vide order dated 01.04.2025, on account of non-payment of rent, despite a show cause notice dated 31.01.2025, struck off the respondent’s defence in CS(COMM)511/2024.

¶18

Aggrieved by the order dated 01.04.2025 striking off the defence during the pendency of the review application, the respondent approached this Court vide CM(M) 810/2025, which this Court vide order dated 02.05.2025 set aside and directed the trial court to expeditiously decide the review application within a period of four weeks. The respondent also challenged the order dated 21.12.2024 vide CM(M) 117/2025, which this Court, on 18.07.2025, having regard to it’s previous order dated 02.05.2025, disposed of.

¶19

This is a digitally signed order.

¶20

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 15/07/2026 at 11:35:50

¶21

The learned trial court vide order dated 02.08.2025, while noting the circumscribed jurisdiction of review, found no reasons for exercising such review jurisdiction under Order XLVII read with section 114 CPC, and modified the order dated 21.12.2024 to the extent of granting three months to pay the arrears of rent.

¶22

On 21.08.2025, the petitioner filed an application under Order XIIIA, as amended by the Commercial Courts Act, 2015, seeking handover of the basement and ground floor of the suit property. The matter was listed on 29.10.2025 when the respondent’s right to file a reply to the application was closed, and again on 08.12.2025.

¶23

Meanwhile the respondent yet again challenged the order dated 21.12.2024 vide CM(M) 2474/2025 which was listed before this Court on 22.12.2025 and 09.03.2026, wherein there was no effective participation from the respondent. 10. The matter was again listed on 07.05.2026 before the learned trial court wherein the proxy counsel for the respondent, appearing due to the medical exigency of the main counsel, sought for time to make arguments on the maintainability of the application under Order XIIIA, in view of the pending CM(M) 2474/2025 before this Court.

¶24

The learned counsel for the petitioner has submitted that the respondent have failed to appear in the respective courts on numerous occasions and the same amounts to delay tactics. 12. Learned counsel appearing for the petitioners limits his prayer to the extent that the matter may be directed to be heard and adjudicated as expeditiously as possible by the learned Trial Court.

¶25

This Court deems it appropriate to grant the limited relief which has

¶26

This is a digitally signed order.

¶27

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 15/07/2026 at 11:35:50

¶28

been sought as under:

¶29

(i) The learned Trial Court is directed to pre-pone the date of hearing from 13.08.2026 to any other date which is convenient to their calendar.

¶30

(ii) The learned Trial Court is directed to decide the pending case expeditiously, preferably within a period of four weeks from today, i.e. 13.07.2026..

¶31

With above directions, nothing survives in the present petition.

¶32

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

¶33

AJAY DIGPAUL, J

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JULY 13, 2026/ AS/sg

¶35

This is a digitally signed order.

¶36

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 15/07/2026 at 11:35:50

Babu Lal Patel and Anr. v. Senator Wood Pvt. Ltd.

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Babu Lal Patel and Anr. v. Senator Wood Pvt. Ltd.

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