Sky Land International Pvt Ltd vs Kavita P Lalwani
2010 Latest Caselaw 2190 Del

                                                            UNREPORTABLE

*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                 FAO No.171/2010 & C.M. No.7592/2010

                                            Date of Decision: April 26, 2010


       SKY LAND INTERNATIONAL PVT LTD         ..... Appellant
                     through Mr. Aman Mehta, Advocate

                     versus

       KAVITA P LALWANI               ..... Respondent
                     through Mr. Varun Mehlawat, Advocate


       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

This appeal has been preferred against the judgment of

Additional District Judge, Shri Rajender Kumar Shastri dated

March 16, 2010. By virtue of the impugned order, the learned Judge

has directed the appellant herein to pay to the respondent the

arrears/occupation charges @ Rs.15,000/- per month from

July 16, 2007 till date within 15 days of the date of the order and has

further directed the appellant to continue paying the occupation

charges at the same rate till the decision of the suit.

It is submitted by learned counsel for the appellant that the

respondent in her application under Order 39 Rule 10 read with

Section 151 of the Code of Civil Procedure on which the impugned

order has been passed, had claimed rent for use and occupation not

from July 16, 2007 but from July 16, 2009. Hence, it is further

submitted that the trial Judge while passing the impugned order has

gone beyond the prayer made in the application.

The learned counsel for the respondent who is present on

caveat has no objection if the impugned order is modified and the

appellant consequently is directed to pay arrears/occupation charges

@ Rs.15,000/- per month from July 16, 2009 and is further directed to

continue paying the said sum by the 7th of every month till the suit is

disposed of.

Having regard to what has been noticed above, the appellant is

directed to pay to the respondent the arrears/occupation charges

@ Rs.15,000/- per month with effect from July 16, 2009 and is further

directed to continue paying the said sum of Rs.15,000/- per month till

the disposal of the suit. The appellant shall clear the arrears within

four weeks from today.

The appeal and the application are disposed of.

Caveat No.120/2010

The caveator has been heard.

C.M. No.7593/2010

This is an application by the appellant under Section 151 of the

Code of Civil Procedure seeking exemption from filing certified copies

of certain documents. The application is allowed subject to all just

exceptions.

REKHA SHARMA, J.

APRIL 26, 2010 ka