Mrigendra Pritam Vikramsingh Steiner & Ors. v. Jaswinder Singh & Ors.

Delhi High Court · 11 Jul 2025 · 2025:DHC:5571-DB
Navin Chawla; Renu Bhatnagar
RFA(OS) 7/2019
2025:DHC:5571-DB
civil other

AI Summary

The Delhi High Court authorized the Court Receiver to release rent deposits for security refunds and repairs, approved a lease of suit property, and permitted possession from outgoing tenants under Court supervision.

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RFA(OS) 7/2019
HIGH COURT OF DELHI
Date of Decision: 11.07.2025
RFA(OS) 7/2019
MRIGENDRA PRITAM VIKRAMSINGH STEINER & ORS .....Appellants
Through: Mr. Ajay Kumar Vali, Mr. Bhaskar Vali, Ms. Pragya Anand, Advs.
VERSUS
JASWINDER SINGH & ORS .....Respondents
Through: Ms. Nitish Chaudhary, Adv.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON’BLE MS. JUSTICE RENU BHATNAGAR
NAVIN CHAWLA, J. (Oral)
CM APPL. 39941/2025
JUDGMENT

1. This application has been filed by the learned Court Receiver appointed by this Court, inter alia, praying for the following:

“I. The Registry of this Hon'ble Court may be directed to release/ transmit an amount of Rs. 19,50,000/- (Rs. Nineteen Lakh Fifty Thousand only) from the rent deposits in CS(OS) 980/2009 to the SB A/c of the Court Receiver, being No. 15530110086179, UCO Bank, Delhi High Court, to enable him to make payments as detailed in the table at para 6 of the Application. II.That the offer for leasing one of the suit properties, being, office space/Flat No.510, Surya Kiran Building, 19, Kasturbaa Gandhi Marg, New Delhi-110001, at a monthly rent of Rs.1,80,000/-(to be increased @ 10% every two years) +GST for a period of 6(3+3) years with lock-in period of 3 years, as requested, or for a period of 4(2+2) years with lock-in period of 2 years as was approved last time pursuant to orders of this Hon'ble Court dated 1.6.2022, with permission to have possession of the premises on 1.8.2025 with one month's rent free period from 1.8.2025 to 31.8.2025 for furnishing purposes so that the formal lease of the premises is effective from 1.9.2025, as received from M/s. TS Suresh Plus Associates, Fortune Chambers, Second Floor, No.8Lal Bagh Road, Richmond Circle, Bengaluru-560027, India, vide letter dated 5.7.2025 (ANNEXURE -"B") through Mr. T S Suresh, Managing Partner of the Firm, is submitted consideration by this Hon'ble Court, Accordingly, the applicant humbly seeks directions:-

(i) For consideration and approval that the Lease

(ii) The Court Receiver J K Aggarwal may be authorised to execute the Lease Deed on behalf of the Lessor, the Hon'ble High Court of Delhi at New Delhi;

(iii) The Demised Premises may be handed over to the Tenant on August 1, 2025 after receipt of DD of Rs.5,40,00/- (Rs. Five lakh forty thousand only), equivalent to 3 months rent, as interest free security deposit; (iv)That as per earlier orders of this Hon'ble Court dated 30.11.2020 passed in the case of other Suit property, being, Residential House No. B10, West End, New Delhi-110021 (Rear Portion), M/s. JMD Estate Agents, 815, Indraprakash Building, 21, Barakhamba Road, New Delhi-110001 (GSTIN: 07ANFPK8539A1Z[7]), E-Mail ID: jmdestateagents@yhoo.com (Mob. 9818183795/Mr. Vijay Mathur) through whom the present deal is taking place, may be paid brokerage of Rs.90,000/-(equivalent to 15 days rent) + GST against bill/ due receipt, after the original registered Lease Deed is provided by him and after all other formalities have been duly completed.

III. Possession of the Suit Properties i.e. Residential

House:B-10, West End, New Delhi and Flat No. 510, Surya Kiran Building, K G Marg, New Delhi may be taken by the Court Receiver from the outgoing tenants on expiry of the Notice of termination of their Lease, respectively on 10.7.2025 and 31.7.2025.”.

2. As far as the prayer no. I is concerned, the learned Court Receiver has given the break-up of the amount claimed as under: Sr. No. Particulars Amount (in Rs.)

1. Refund of security deposit in respect of B-10, West End, New Delhi on its vacation to the outgoing tenant 11,25,000/-

2. Refund of security deposit in respect of Flat No.510,Surya Kiran Building, 19, Kasturba Gandhi Marg New Delhi on its vacation to the outgoing tenant 3,75,000/-

3. Expenditure on paint polish and repairs in B10, West End, New Delhi 4,50,000/-

4. Total 19, 50,000/-

3. As far as serial nos. 1 and 2 in the above table are concerned, the learned counsels for the parties state that they have no objection to the same.

4. With regard to serial no. 3 in the above table, the learned counsel for the respondents submits that the expenditure towards paint, polish, and repairs for the said property should be confined to a sum of Rs.3,00,000/- (Rupees three lacs only).

5. The learned Court Receiver states that he shall endeavour to complete the said work within the limit of ₹3,00,000/- (Rupees three lacs only). He submits that in case the expenditure is likely to exceed the said amount, he shall move an appropriate application before this Court at a later stage.

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6. Accordingly, as far as the prayer no. I is concerned, the same is allowed to the extent of release of a sum of Rs.18,00,000/- (Rupees eighteen lacs only) to the learned Court Receiver, for the reasons stated in the above table.

7. With regard to the prayer no. II, the learned counsels for the parties expressed their no objection to the same. Accordingly, the prayer no. II is allowed.

8. The application is disposed of in the above terms.

NAVIN CHAWLA, J RENU BHATNAGAR, J JULY 11, 2025 Pallavi/kz/SJ