(A deep-dive into M/s Aar Pee Apartments Pvt. Ltd. v. Sunil Baruta, CS No. 610/2024)
Commercial offices in West-Delhi’s T.C. Jaina Tower-II now change hands for Rs. 40–60 lakh (and bigger spaces go for upwards for 1cr at a time). Yet on 14 May 2025 the Dwarka Civil Court let the developer walk back into a 433 sq ft first-floor unit simply because the licensee allegedly fell behind on ?8.26 lakh in ground-rent and maintenance. The defendant never turned up, so the matter went ex-parte—a pattern we keep seeing whenever the real owner lives abroad or misses the summons.
Read the full judgment on India Kanoon:
[M/s Aar Pee Apartments Pvt. Ltd. v. Sunil Baruta, decided 14 May 2025](https://indiankanoon.org/doc/41343865/) (Indian Kanoon)
What exactly happened?
- 2002 – Developer grants a licence for Space No. 112 (433 sq ft) in Jaina Tower-II.
- 11 May 2009 – Rights endorsed to Sunil Baruta.
- Sep 2023 – Jan 2024 – Numerous demand letters for unpaid dues totalling ?8,26,591.
- 4 Apr 2024 – Licence terminated; 15 days given to vacate.
- 4 May 2024 – Suit for injunction, possession and damages filed (CS No. 610/2024).
- 20 Nov 2024 – Defendant served by newspaper publication but never appears; case proceeds ex-parte.
- 14 May 2025 – Court decrees:
- ? Permanent injunction (no third-party transfer)
- ? Mandatory injunction (vacate & hand over possession)
- ? Damages refused (plaintiff filed no proof) (Indian Kanoon)
With the decree in hand, the builder can call in the bailiff and police to physically take back the office and re-sell or re-let it—often at a many-fold markup.
A playbook the builder has used before
This is not a one-off. In 2018 the same plaintiff obtained an ex-parte possession decree against Smt. Mamta Khanna over Space No. 311 (3rd floor) after an alleged ?83,705 maintenance default. (Indian Kanoon) Each case follows the same script:
- Low-value arrears build up.
- A termination clause lets the developer “re-enter” on default.
- Summons go unanswered—common when the owner is an NRI or has shifted cities.
- The court, satisfied that service is complete (often via newspaper), hears only the plaintiff’s side and grants possession.
Because the property market around Janakpuri District Centre has soared, the upside for the builder is enormous, while the dues are relatively small.
Why owners (especially NRIs) should worry
- Single missed payment can snowball – Maintenance bills accrue interest and “enhanced ground-rent”; a few months’ oversight turns into lakhs.
- Old addresses in licence deeds – Court notices go to outdated Delhi residences; NRIs learn of the suit only after execution.
- Ex-parte equals no defence – Without appearing, owners lose the chance to show receipts, negotiate, or question the termination’s validity.
What you can do
- Keep DDA licence deeds and correspondence address updated.
- Set up local alerts (society WhatsApp groups, concierge) for any court summons.
- Give a registered power-of-attorney to someone in Delhi who can accept notices and contest suits.
- Pay even disputed charges “under protest” and file objections later—the court sees continuous payment as good faith.
How to verify the case on the Dwarka Court website
- Open: https://southwestdelhi.dcourts.gov.in/
- Hover over “Case Status” in the top menu and click “Party Name” (sometimes listed as “Search by Petitioner/Respondent”).
- In the District drop-down choose “South-West”.
- Enter either party’s name:
- Petitioner – Aar Pee Apartments Pvt Ltd
- Respondent – Sunil Baruta
- Fill at least the Year field (choose 2024 for the suit, 2025 for the execution) and solve the CAPTCHA.
- Press Search. The portal will list CS No. 610/2024 and related execution petitions EX CIVIL 1261/2025. Click the case number for the full history and next-date details.
Bigger policy question
Should a developer be allowed to forfeit an office worth crores over thousands in unpaid dues? Delhi courts apply contract law strictly, so until owners (and lawmakers) push for fairer remedies—like capped penalties or mandatory mediation—builders will keep leveraging tiny arrears into windfall repossessions.
Have you faced a similar notice from your builder or RWA? Share your story in the comments so we can crowd-source strategies and maybe push for regulatory change.