Full Text
PITAVIN MEI-ITA '..' APPellant
Through: Ms. Anita Sahani, Adv.
Through: Mr. Asutosh Lohia, Adv. AND RFA 2012013, CM No.48312013 (for stay) & CM No.292012013(of the appellant for placing on record copy of registration certificate dated 2"d May,1995).
ANITA MEHTA
Through: Ms. VETSUS 6.
-l- Anita sahani. Adv. APPellant lf .I]ANSAL TRADING CORPORATION ,.... Respondcnt
Thlough: Mr. Asutosh Lohia, Adv.
06.08.2013
ORDER
1. These appeals irnpugn the judgments and decrees, both dated 28th Seplernber,2012 and both of the Addl. District Judge, Central-17, Dclhi in Suit No.461201111995 (Jnique Case ID No.02401C003191995) and Suit No.45l201 l/lgg[5] (Unique Case ID No.02401 C0I84952003) of ejectrnent of the appellants frorn the adjoining premises earlier in their tenancy in RFA 3i/2ots &RFA 20/2013 page 1 of[3] 2013:DHC:8547 / {, propefiy No.FI-24, Green Park Extension, New Delhi - 110 016.
2. Notice of the appeals was issued and mediation attempted but which has failed. The Trial Couft record has been requisitioned and the counsels for the parties have been heard.
3. At this stage, the counsel for the appellants states that the appellants do not press these appeals and accept and will abide by the judgments and decrees of ejectrnent and only request for time till 3 I't March, 2014 to vacate the prernises.
4. The counsel for rhe respondent is agreeable to the same subject to undertaking to the said effect being given and accepted by this Court.
5. 'Ihe appeals are accordingly dismissed as withdrawn and the undertakings of the appellants through counsel to the following effect are recorded:- (a) to handover vacant peaceful physical possession of the entire premises in their use and occupation in property No.H-24, Green Park Extension, New Delhi - 110 016 to Mr. Pradeep Gupta of the respondent trzl/s Bansal liading Colporation on or before 3 I't March, 2014. (b). to clear all electicity and water charges with respect to the prernises in occupation of the appellants before handing over possession thereof to the respondent end to submit proof thereof to the respondent. (c). to continue to pay the amount at the rate of the last paid rent to ttre respondent in advance for each month by thc 10ft day of the English calendar. RFA 31/2013 & RFA 20/2013 page 2 of[3] al I
6. The appellants tlu'ough counsel further state that the appellants as of today are in conffol and possession of the entire premises and are thus in a position to so deliver possession to the respondent as underlaken by them.
7. The aforesaid undertakings of the appellants are accepted and the appellants are ordered to be bound thereby. 'Ihe appcllants have been explained the consequences of breach of an underlaking given to this Court.
8. It is further agreed between the parties that the respondent shall be entitled to withdraw all the amounts deposited by the appellants before the Trial Court. The appellants through counsel state that up-to-date arnount at the rate of last paid rent has been so deposited.
9. It is further agreed that the aforcsaid payrnbnts shall be without prejudice to the rights and contentions of the partics in the enquiry into mesne profits underway before thc Trial Court and the amounts so paid shall be deducted out of the mesne profits/damages for use and occupation detennined by the Trial Court.
10. f he counsels to also make efforts to arive at an amicable settlement t as to the mesne profits. No costs. I)ecree sheets be prepared.
AUGUST 06,2013 pp.. RI-A 31/201s & RFA 20/201s RAJIV SAIIAI X]NDLAW. J