Dismissed

Alk Enterprise & Anr. v. Rani Aggarwal & Ors.

Delhi HC14 Sept 2026CM(M)/1982/2026

Case brief

AI extract

What is this about?

This order dismisses a special leave petition challenging the trial court's dismissal of an application for extension of time to vacate suit property. The petitioners failed to clear admitted rent arrears despite multiple directions from the trial court under Order XVA CPC, leading to their defence being struck off. The trial court granted possession to the respondents and denied the extension request due to the petitioners' lack of bona fides.

What did the court decide?

The present petition is dismissed along with pending applications.

Alk Enterprise & Anr. Vs Rani Aggarwal & Ors. — Property and Title | Delhi HC (2026)

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$~75

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010425442026

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CM(M) 1982/2026, CM APPL. 60984/2026, CM APPL. 60985/2026 & CM APPL. 60986/2026

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ALK ENTERPRISE & ANR. .....Petitioners Through: Mr. Apoorv Kurup, Sr. Adv. with Ms. Akanksha Sisodia and Ms. Gorima Khakhlari, Advs.

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versus

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RANI AGGARWAL & ORS. .....Respondents Through: Mr. Lalit Gupta, Mr. Priyansh Jain, Mr. I. Rashneet Singh and Mr. Anmol Ghai, Advs. along with respondents in person.

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CORAM:

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HON'BLE MR. JUSTICE AJAY DIGPAUL

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O R D E R % 14.09.2026

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Through the present petition, the petitioners/defendants are seeking to set aside the order dated 31.08.2026 passed by the learned District Judge (Commercial Court)-06, South East, Saket Courts, New Delhi in CS (COMM) No.298/2025 titled “Rani Aggarwal & Ors. v. ALK Enterprises & Anr.” whereby the learned Trial Court dismissed the application of the petitioners seeking extension of time to vacate the suit property.

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Briefly stated, in 2025 the respondents/plaintiffs instituted the underlying commercial suit for recovery against the petitioners seeking possession of suit property bearing No. D-6, Ground Floor, Defence Colony,

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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 16/09/2026 at 11:22:16

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New Delhi – 110024, mandatory injunction, recovery of Rs. 57,48,500/along with damages and mesne profits and interest @12% per annum.

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During the pendency of the proceedings, the learned counsel for the petitioners sought some time to clear the arrears of rent from November 2024 till May 2025. Thus, the learned Trial Court vide order dated 14.10.2025 directed the petitioners to clear the said arrears of rent within one month from passing of the order. The relevant portion of the order dated 14.10.2025 reads thus:

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“Ld. Counsel for the defendants as well as Sh. Vishal Sharma, father of the defendant no.2, submit that some time may be granted for clearing the entire pending rent i.e. from November, 2024 till May, 2025.

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In view of the above, the defendants are directed to pay the entire pending rent from November, 2024 to May, 2025 within a period of one month from today to the plaintiff.”

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Meanwhile, the respondents also moved an application under Order XV A read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) which came to be allowed by the learned Trial Court vide order dated 22.01.2026 and consequently, the petitioners were directed to pay the admitted arrears of rent within two months from passing of the order. The directions made by the learned Trial Court vide order dated 22.01.2026 are reproduced hereunder for ready reference:

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“The defendants have disputed the calculation sheet/chart regarding arrears of rent filed by the plaintiffs, contending that certain payments of rent as made by the defendants have not been reflected in the calculation filed by the plaintiffs. Thus, during the course of arguments, ld. counsel for plaintiffs submitted that atleast defendants be directed to pay the admitted arrears of rent to the plaintiffs. Therefore, considering the aforesaid facts and circumstances and submissions of parties, it would be appropriate to give directions to the defendants to pay the admitted arrears of rent. Therefore, accordingly, the defendants are directed to pay the admitted arrears of rent as reflected in the above calculation sheet

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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 16/09/2026 at 11:22:16

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/chart filed by the defendants to the plaintiffs i.e. total arrears of rent of Rs.49,18,000/- to the plaintiff no.1 (Rani Aggarwal), arrears of rent of Rs.9,72,000/- to the plaintiff no.2 (Madhav Aggarwal) and arrears of rent of Rs.9,72,000/- to plaintiff no.3 (Riddhi Aggarwal), alongwith GST, within a period of two months from today . Defendants shall also continue to pay the monthly rent to the plaintiffs till the suit property is vacated by the defendants.

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The above application is allowed in aforesaid terms and application bearing I.A. No.2/25 is accordingly disposed of.”

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However, the petitioners failed to pay the admitted arrears of rent within the prescribed time and therefore, the learned Trial Court vide order dated 24.02.2026 issued notice to the petitioners to show as to why their defence be not struck off the record. Following this, on 13.04.2026, the learned Trial Court noted that the petitioners failed to make payment of the arrears of rent and consequently, the defence of the petitioners was struck off.

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The petitioners preferred an application seeking a review of the order dated 13.04.2026, but the same was dismissed by the learned Trial Court vide order dated 03.07.2026 on the ground that there was no error apparent on the face of the record.

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Subsequently, the respondents moved an application under Order XIII A read with Section 151 of the CPC. The said application came to be allowed by the learned Trial Court vide order dated 15.07.2026 and accordingly, the respondents were found entitled to the relief of possession of the suit property. The relevant portion of the order dated 15.07.2026 is reproduced hereunder for ready reference:

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“21. In view of these observations, the application filed under Order XIII A CPC which has also been treated to be an application under Order XII Rule 6 CPC, filed by the Plaintiff seeking relief prayed in the suit is allowed and Plaintiff is held entitled to the relief of possession of suit property from the Defendants. Accordingly, decree of possession of the

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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 16/09/2026 at 11:22:16

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suit property bearing No.D-6, Ground Floor, Defence Colony, New Delhi 110024 having its area 333.33 sq. yds. approx. is passed in favour of the Plaintiffs and against the Defendants and Defendants are directed to handover vacant and peaceful possession of the suit property to the Plaintiffs within 30 days from today.

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Decree sheet be drawn accordingly.”

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Pursuant thereto, the petitioners moved an application before the learned Trial Court seeking an extension of time by three months to vacate and hand over peaceful, vacant, and physical possession of the suit property. The learned Trial Court vide the impugned order dated 31.08.2026 dismissed the said application and observed as follows,

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“Submissions of Ld. Counsel for parties heard in respect of application filed on behalf of defendant seeking time of 3 months for vacating the suit property. Ld. Counsel for defendant as well as defendant No.2 have been asked if they are willing to pay Rs.75 Lakhs towards the amount due under the order passed while allowing application of the plaintiffs u/o XVA CPC on 22.01.26, they have expressed their inability to do so. The defendants have been in arrears of rent since January, 2024 and have made part payments which are negligible when compared to the total outstanding against them and further 7 months have passed from the date of said order and no further payment towards rent has been made by defendants. In view of these observations, no ground is made out to allow the application for extension of time of 3 months.”

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Aggrieved thereby, the petitioners have preferred the present petition.

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The learned senior counsel for the petitioners submits that the petitioners are ready and willing to deposit a sum of Rs. 8,00,000/- straight away and prays that a time of two to three weeks be granted to the parties to explore the possibility of an amicable settlement.

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Per Contra, the learned counsel for the respondents has opposed the offer made by the petitioners. It is submitted that the arrears of rent payable by the petitioners at this stage are approximately Rs. 1.60 cr and despite

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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 16/09/2026 at 11:22:16

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repeated opportunities, the petitioners have continuously failed to clear the said arrears .

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Heard. Perused the record.

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A bare perusal of the record reflects that despite the orders dated 22.01.2026 and 15.07.2026, the petitioners have neither cleared the admitted arrears of rent nor vacated the suit property, despite repeated opportunities being afforded by the learned Trial Court to do the same. This conduct of the petitioners demonstrates a clear lack of bona fides.

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In view thereof, this Court finds no ground warranting indulgence in favour of the petitioners. The present petition is, accordingly, devoid of merit and is dismissed, along with pending applications.

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AJAY DIGPAUL, J

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SEPTEMBER 14, 2026/ AS/as

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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 16/09/2026 at 11:22:16

Alk Enterprise & Anr. v. Rani Aggarwal & Ors.

Case brief

What is this about?

What did the court decide?

Alk Enterprise & Anr. v. Rani Aggarwal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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