Petitioner had the right to walk into the premises take it over and start running the cinema hall thus the default by the respondent cannot undo the understanding nor resilience before it held division bench of Delhi high court
FACTUAL BACKGROUND OF THE CASE
The DPPL (Dart properties private limited ) filed a contempt petition before the Delhi high court under Article 215 of the Indian Constitution with section 11 and 12 of the contempt court act,1971 and section 37(1)(B) Arbitration and conciliation act 1996 highlighting the wilful and deliberate non-compliance by the director CVPL (cinema venture private limited ) a subsidiary company of the Reliance Media work of the order dated 02-03-2023 passed by the court whereby an undertaking was given stating that on payment of the outstanding amount the key of the premises will be handed over to the respondent and in case of non-compliance the petitioner had to attain full right to walk into the premises take it over and operate the cinema Hall.
The respondent CVPL is a tenant in the property of the petitioner DPPL at Gurugram. The respondent could not pay the petitioner’s rent until May 2022 and stopped the payment. Further, the petitioner filed a suit against the CVPL respondent regarding the recovery of the due rent payment. The court directed that CVPL will pay 1.64 INR crore with 50% waiver for the Covid-19 period payable to the DPPL.The CVPL nor given undertaking and neither pay the amount due and continue the possession of a cinema hall
ANALYSIS OF DELHI HIGH COURT ORDER
The Delhi court confirms that the appellant has the right to enter the premises, take control of the premises, and run the cinema hall without any delay or resistance from the Respondent in the event of a failure to comply with the undertaking towards payment, either in the terms of the quantum or the date fixed. In order for that matter to be pursued in the execution process, the court additionally ordered the creation of an inventory about the claim of the respondent’s assets, etc. in the property.