SBCWP NO.3430/2007. 1 S.B. CIVIL WRIT PETITION NO.3430/2007. Sudarshan Cement Vs. Addl.Civil Judge (JD) No.3, Jpr. City Jpr. and ors. Date of order :- 23/1/2008. HON'BLE MR.JUSTICE M.N. BHANDARI Shri Devendra Singh Kushwaha for the petitioner. *** Aggrieved by the order dated 17/8/2004, petitioner has filed this writ petition. Learned counsel for the petitioner contended that though the rent was deposited and was even accepted by the plaintiff yet, a prayer was made to struck off the defence and the same was accepted by the court below without considering the fact that once rent is accepted, doctrine of waiver applies. I have considered the submission of the learned counsel for the petitioner and gone through the order of the court below. The law is now settled in view of the judgment of the Hon'ble Supreme Court reported in 2003(2) SCC p.577 wherein it has been held that after determination of rent, payment of rent has to be made within time which can further be extended by 15 days but beyond that period, it cannot be extended and even delay cannot be condoned by the court. Since the interpretation of the provisions of Section 13 has been made by the Supreme Court in the SBCWP NO.3430/2007. 2 aforesaid case, question of waiver against the statutory provision does not apply. In view of above and also the fact that petitioner has defaulted in making payment of the rent as per provisions of Section 13 of the Rent Control Act, the order passed by the court below cannot be said to perverse or erroneous so as to invoke extraordinary jurisdiction of this court under Article 226 of the Constitution of India. In view of above, the writ petition is found to be devoid of merit. The same is accordingly dismissed. (M.N. BHANDARI), J. anil