Gautam Solar Pvt. Ltd. & Anr. Vs Bhoopesh Gupta & Ors (NCLAT Delhi)
NCLAT Delhi held that additional time granted to vacate the property due to the fact of monsoon season and directed to vacate the premises in question till 15.09.2025. Appeal disposed of accordingly.
Facts- The appellants are the alleged lessee of Respondent No. 2 of the Haridwar Property by virtue of two lease deeds dated 15.02.2024. The appellants submitted that they are carrying on their business in the manufacturing, trading of solar panels, EPC of solar energy devices and parts there off as solar street lighting systems, solar home lighting systems, solar water pumping systems, steel structure fabrication, galvanizing for use in solar energy devices and it’s all parts & accessories.
It is submitted that the impugned order was directly effecting the possession of the appellants, therefore, the present appeal has been filed in which notice was issued on 24.10.2024 and it was directed by this court that in the meantime, “in pursuance of the Impugned Order, Plants and Equipment may not be removed and demolition be carried on the subject land”.
Conclusion- Held that we do not find any reasons to interfere in this order but keeping in view the facts and circumstances of this case and that the appellants have to remove the material lying in the demised premises which is enormous as appears from the photograph attached coupled with the fact that it consists of glass which has to be carefully removed and the fact that the monsoon season is still going on, therefore, we deem it just and expedient to grant time till 15.09.2025 to both the appellants to vacate the premises in question. It is made clear to the appellant that they have to deposit the rent of 15 days of the month of September, 2025 on or before 03.09.2025 in terms of the earlier order passed by this court on 22.11.2024.
