Shri Prabhudayal Batra vs M/S Shreyans Buildwell Pvt Ltd on 10 March, 2015

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      RC.REV. 391/2013 & CM Nos. 16760/2013, 21159/2014
%                                         Reserved on: 23rd February, 2015
                                          Decided on: 10th March, 2015
       SHRI PRABHUDAYAL BATRA                ..... Petitioner
                    Through: Mr. Pradeep Dewan, Sr. Advocate
                             with Ms. Anupam Dhingra, Advocate.

                          versus

       M/S SHREYANS BUILDWELL PVT LTD         ..... Respondent
                    Through: Mr. Arjun Singh Bhati, Advocate.

CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
1.     Learned counsel for the Respondent at the outset submits that the
Petitioner is not paying the user charges as directed by this Court and thus
the interim order passed in favour of the Petitioner as fixed by this Court in
terms of the decision of Atma Ram Properties (P) Ltd. vs. Federal Motors
Pvt. Ltd., 2005 (1) SCC 705 be vacated. Learned counsel for the Petitioner
admits that the user charges as directed by this Court have not been paid. He
however, states that he is ready to address arguments in the matter and thus
arguments have been heard.
2.     Aggrieved by the order dated 25th September, 2013 whereby the leave
to defend application of the Petitioner was dismissed for the reason the same
was filed beyond the period of 15 days, the present petition has been
preferred.
3.     Learned counsel for the Petitioner states that the learned ARC wrongly
relied upon the decision in Prithpal Singh vs. Satpal Singh (Dead) through




RC.REV. 391/2013                                                Page 1 of 7
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