Full Text
FAO (OS) 494/2013
CM APPL. 17431 -1743 3/2013 MR K CHANDRA & ANR Appellants
Through: Mr. Shivram with Mr. Jayant Tnpathi and Mr. Arjun Mitra, Advocates.
Through: Mr. Jayant K. Mehta with Ms. Roopa Dayal, Advocates.
HON'BLE MR. JUSTICE NAJMI WAZIRI
01.U.2013
Caveat discharged.
FAO ros^ 494/2013, CM APPL.17431-17433/2013 Alter some hearing, Mr. Shivram, Advocate submitted that he has instructions to withdraw the appeal. He requested that the tippellant be permitted to retain the said premises, i.e., A-32, West End, New Delhi till
31.12.2013 subject to payment of ?8 lakhs per month towards mesne profits/damages. This proposal was agreeable to the respondent as indicated by its counsel Mr. .Fayant K. Mehta who stated that the entire amount of ?]6
2013:DHC:7276-DB laldis should be paid. Counsel for the appellant upon instructions stated that this proposal too is agreeable.
It is accordingly directed that the appellant shall hand over vacant physical possession ofthe said premises A-32, West End, New Delhi on or before 31.12.2013 to the respondent/plaintiff and shall also comply with the following directions: -
ORDER
(1) Deposit ?16 lakhs as damages towards use and occupation of the premises for the months November and December, 2013 on or before 07.11.2013. The said amount shall be paid directly to the respondent/plaintiff; (2) Within two weeks from today, the appellant shall file an affidavit undertaking to comply with the above directions. The said affidavit shall be filed in this Court and a copy shall be flirnished to the respondent or its counsel. Peaceful possession of the said premises shall be handed over unconditionally to the respondent/plaintiff on or before 3T' December, 2013. The above terms recorded by the Court shall not be construed as creating any equity in favour of either parties; all rights and contentions of the parties are expressly reserved in the suit. The appeal is dismissed as withdrawn but in the above terms. Order dasti under the signatures of Court Master.
S. IMVINDRA BEAT, J