IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2652 OF 2009 (Arising out of S.L.P. (C) No.7428 of 2008)

Shriram Scientific & Industrial Research  Foundation        ...Appellant(s)

Versus

V.K. Dhingra       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties. While, he was employed as Senior Analyst in the service of petitioner, the  

respondent was allotted residential accommodation.  He is said to have resigned from  service on 16.7.1992 but, did not vacate the residential accommodation.  Therefore,  

the petitioner filed a petition under Section 14(1) (i) and Section 22 of the Delhi Rent  Control Act, 1958 for eviction of the respondent.

During the pendency of the eviction petition, the petitioner filed Suit No.  131  of  2006  for  recovery  of  rupees  four  lakhs  thirty  five  thousand  from  the  

respondent along with pre-suit, pendente lite and future interest at the rate of 24 per  cent per annum on the successive monthly amount becoming due from 1.8.2003 until  

the date of payment.  The respondent filed an application under Section 10 read with  Order 7 Rule 11 of the Code of Civil Procedure for staying the proceedings of the suit  

till  the disposal  of  eviction petition No.  E-42 of  1993 pending before  the court  of  Additional Rent Controller, Delhi.  The trial Court dismissed

...2/-

- 2 -  

the application, but on a petition filed under Section 227 of the Constitution, the High  Court reversed the order of the trial Court and stayed the proceedings of the suit till  

the disposal of the eviction petition. Having heard learned counsel for the parties and perused the record, we  

are of the view that, in the facts and circumstances of the case, the High Court should  not have stayed proceeding of the present suit.

Accordingly, the civil appeal is allowed, impugned order is set aside and  Suit No.131 of 2006 is restored to its original file.  The trial Court shall now decide the  

suit in accordance with law.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, April 20, 2009.