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2025 DAILYLAW 6085 (DEL)

OMPRAKASH GULATI v. AANCHAL SHARMA

RC.REV./394/2025 · 2026-08-17

Harish Vaidyanathan Shankar

body2025

Judgment text

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$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010996752025 + RC.REV. 394/2025 OMPRAKASH GULATI .....Petitioner Through: Mr. Mrityunjay Singh, Advocate through Video Conferencing. versus AANCHAL SHARMA .....Respondent Through: Mr. Amit Gupta, Advocate through Video Conferencing. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 17.08.2026 1. The present Petition has been filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 [“DRC Act”], assailing the Order dated 28.10.2025 [“Impugned Order”] passed by the learned Administrative Civil Judge-cum-Additional Rent Controller (North), Rohini Courts, Delhi [“learned ARC”], in Eviction Petition No. 9/2025 [“Eviction Petition”], whereby the Application seeking leave to defend filed by the Petitioner herein was dismissed. 2. Learned counsel appearing on behalf of the Respondent, on instructions, submits that the Respondent would have no objection if the Application seeking leave to defend, which is detailed in nature, along with the accompanying two-page Affidavit, is considered comprehensively for the purposes of determination under the provisions of the DRC Act, particularly in terms of the mandate of This is a digitally signed order. 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 19/08/2026 at 12:15:27 Section 25-B(4) thereof, which requires the grounds on which the tenant seeks to contest the Eviction Petition to be set out by way of an Affidavit. 3. In view of the fair stand taken by the Respondent, this Court is of the view that the matter ought to be remitted to the learned ARC for consideration of the Application seeking leave to defend along with the accompanying Affidavit, treating the contents of both, i.e., Application seeking leave to defend along with accompanying affidavit, to be in compliance of Section 25-B(4) of the DRC Act. 4. Accordingly, the Impugned Order is set aside, and the matter is remitted to the learned ARC for consideration afresh in accordance with law on the basis of the contents of the Application seeking leave to defend read with the accompanying Affidavit. 5. The present Petition, along with all pending application(s), if any, stands disposed of in the aforesaid terms. 6. List before the learned ARC on 08.09.2026. HARISH VAIDYANATHAN SHANKAR, J. AUGUST 17, 2026/nd/jk This is a digitally signed order. 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 19/08/2026 at 12:15:27