Full Text
RFA 677/2015
PUNEET KOHLI Appellant
Through; Mr J.C. Mahindroo &Mr Khurshid Ahmed, Advs. with Mr Puneet Kohli, Appellant in person.
Through: Mr Parmod K. Sharma &Ms Alisha, Advs.
PUNEET KOHLI Appellant
Through: Mr J.C. Mahindroo &Mr Khurshid Ahmed, Advs. with MrPuneet Kohli, Appellant in person.
Through: MrParmod K. Sharma &Ms Alisha, Advs.
^ CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER o/o 13.10.2015 CM No. 23160/2015 (Exemption) in RFA 677/2015
CM No. 23165/2015 fExemption) in RFA 678/2015
Allowedsubjecttojut exceptions.
JUDGMENT
1. Learned counsels for the parties are agreed that the captioned appeals RFA 677/2015 &678/2015 ^ ^ c>- 2015:DHC:12013 can be disposed ofon the basis offollowing agreed terms.
(i) The appellant will handover peaceful and vacant possession of the subject premises to the respondent, on or before, 31.12.2016.
(ii) The appellant will pay use and occupation charges at the rate of
(iii) In so far as, the use and occupation charges from 01.02.2015 till
30.09.2015 is concerned, it will be paid within six weeks from today. In case the use and occupation charges, for the aforesaid period i.e. 01.02.2015 ^ to 30.09.201-5, is not paid within six weeks fi:om today, the respondent will be at liberty to execute the impugnedjudgement and decree.
(iv) Use and occupation charges from 01.10.2015, till the date peaceful and vacant possession of the subject premises is handed over-to the respondent, shall also be paid at the rate ofRs. 90,000/- per month. (iv)(a) In any event, as indicated in clause (i) above, the appellant will handover vacant and peaceful possession of the premises, without fail, on 31.12.2016. '
(v) In so far as rent for the period commencing fi-om 01.10.2015 is ^ concerned, it will be paid in the next seven (7) days, and for the months of If November onwards, it will be paid on or before 7 day of each english calendar month.
(vi) The security deposit, which is asum of Rs. 1.80 lacs, that shall be paid to the appellant at the time vacant and peaceful possession of the subject property is given, upon adjustm,ent, ifany, that may have to be made with regard to repairs etc.
(vi) The appellant shall also pay all electricity and water charges, as also,
RFA 677/2015 &678/2015 Page 2of[3] government taxes and/or levies relating to the running of business, as stipulated in clause 9ofthe lease agreements obtainingbetweenthe parties.
2. The appeals' are, accordingly, disposed of in terms of the aforesaid agreed terms.
3. The appellant undertakes to the court to abide by the terms of settlement set out hereinabove. 3.[1] The impugnedjudgement and decree stand varied accordingly.
4. The appellant, who is present in court, and the counsels for the parties have appended their signatures on the order sheet.
RAJIV SHAKDHER, J OCTOBER 13, 2015 kk RFA 677/2015 & 678/2015 Page 3 of[3] / <3 c>-'