H.K. Bhalla Vs Satish Dahiya — Punjab & Haryana HC (2025) — LawSathi Research

H.K. Bhalla Vs Satish Dahiya — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revision petition allowed and impugned order dated 19.02.2025 (striking off defence) set aside, conditional upon: (i) clearance of all arrears of rent within 15 days; (ii) deposit of future monthly rent by the 7th of every month from August 2025 in the respondent's AXIS Bank account No.918010114225264 (IFSC UTIB0000204); (iii) filing of an undertaking before the Rent Controller within 04 days; default renders the petition deemed dismissed. Pending applications, if any, stand disposed of.

Issue for consideration

Whether the revision petition challenging the Rent Controller's order striking off the petitioner's defence should be allowed and the impugned order set aside. +1 more

Court's answer

The revision petition is allowed and the impugned order striking off the petitioner's defence is set aside, subject to the petitioner clearing all arrears of rent, upto date, within 15 days.

Ratio / Principle

The petitioner is further directed to deposit the future monthly rent by the 7th of every month starting from August 2025 in the respondent's AXIS Bank account bearing No.918010114225264, IFSC Code UTIB0000204.

Key takeaways

An undertaking regarding clearance of arrears within 15 days and payment of future monthly rent is to be given by the petitioner before the Rent Controller concerned within 04 days.ratio¶4
If the undertaking is not filed as directed and the arrears are not cleared within 15 days, the revision petition shall be deemed to have been dismissed.ratio¶5
The Rent Controller concerned is requested to proceed in accordance with law, grant no unnecessary adjournment to either party, and conclude the matter as expeditiously as possible; pending applications, if any, stand disposed of.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Alka Sarin, J.) allowed the civil revision challenging the Rent Controller's order dated 19.02.2025 striking off the petitioner's defence under Order XV Rule 5 CPC for non-deposit of assessed rent. Setting aside was made conditional: arrears of rent to be cleared within 15 days; future monthly rent to be deposited by the 7th of every month starting August 2025 in the respondent's AXIS Bank account (No.918010114225264, IFSC UTIB0000204); undertaking to be furnished before the Rent Controller within 04 days, failing which the revision petition stands deemed dismissed. The Rent Controller was requested to decide the rent petition expeditiously without granting unnecessary adjournments; pending applications were disposed of.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

127 CR-3033-2025 (O&M) Date of Decision : 17.07.2025

H.K. BHALLA .... Petitioner

VERSUS

SATISH DAHIYA .... Respondent

CORAM : HON’BLE MRS. JUSTICE ALKA SARIN

Present: Mr. Sandeep Parkash Chahar, Advocate for the petitioner.

Mr. Pankaj Nanhera, Advocate and Mr. Naveen Kumar, Advocate for the respondent. (joined through hybrid mode).

ALKA SARIN, J. (ORAL)

The present revision petition has been filed challenging the order dated 19.02.2025 passed by the learned Rent Controller whereby the defence of the petitioner was struck off for not depositing the rent, as assessed by the Rent Controller, though the initial amount was paid, however, the future rent was not paid and the defence was struck off on an application filed under Order XV Rule 5 CPC.

Learned counsel for the petitioner would contend that the petitioner would suffer irreparable loss and injury in case the impugned order is not set aside. Learned counsel would, on instructions from the petitioner, further submit that the petitioner would clear all the arrears of rent within a period of 15 days from today and would continue to pay the future monthly rent by the 7^th of every month till the decision of the rent petition.

AMAN JAIN 2025.07.18 09:29 I attest to the accuracy and integrity of this order/judgment

127 CR-3033-2025 (O&M) -2-

Learned counsel for the respondent states that in view of the statement made by the learned counsel for the petitioner, he would have no objection if the present revision petition is allowed. Learned counsel, however, prays that the matter may be made time bound as the only endeavour of the petitioner is to delay the same.

In view of the stand taken by the learned counsel for the petitioner, the present revision petition is allowed and the impugned order is set aside subject to the petitioner clearing all the arrears of rent, upto date, within a period of 15 days from today. The petitioner is further directed to deposit the future monthly rent by the 7^th of every month starting from August 2025 in the AXIS Bank account of the respondent bearing No.918010114225264, IFSC Code: UTIB0000204. An undertaking with regard to clearance of all the arrears of rent within 15 days from today and payment of future monthly rent shall be given by the petitioner before the Rent Controller concerned within a period of 04 days from today.

It is made clear that in case the undertaking is not filed as directed and the arrears of rent are not cleared within a period of 15 days from today, the present revision petition shall be deemed to having been dismissed.

The Rent Controller concerned is requested to proceed with the matter in accordance with law and not grant any unnecessary adjournment to either of the parties and also to conclude the matter as expeditiously as possible.

Pending applications, if any, also stand disposed off.

17.07.2025 (ALKA SARIN) Aman Jain JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: Yes/No

AMAN JAIN 2025.07.18 09:29 I attest to the accuracy and integrity of this order/judgment