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V
$-24
* IN THE HIGH COURT OF PELHI AT NEW PELHI
+ RFA 286/2013
SUSHIL KUMAR Appellant
Through: Mr.Amit Vohra, Advocate
$-24
* IN THE HIGH COURT OF PELHI AT NEW PELHI
+ RFA 286/2013
SUSHIL KUMAR Appellant
Through: Mr.Amit Vohra, Advocate
VERSUS
SADH PRAKASH SINGH Respondent
Through: Mr.Ranjit Singh Chowdharyand
Mr.Inderjit Singh, Advocates.
Through: Mr.Ranjit Singh Chowdharyand
Mr.Inderjit Singh, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
% 21.06.2013
RFA 286/2013 & C.M.No.9471/2013 (for stay)
On 17.6.2013, a limited notice was issued to the respondent limited to a reasonable time being given to the appellantto hand over the peaceful and vacant possession ofthe suit premises and to relocate his business.
Learned counsel for the respondent has entered appearance. Learned counsel for the parties submit that parties have settled the matter. In terms of the settlement, the appellant undertakes to hand over the peaceful and vacant possession of the suit premises on or before 31.10.2013. The appellant undertakes to clear the arrears of rent with effect from 1.9.2012 at the rate ofRs.30,000/- per month within one month and future rent/damages for use and occupation at the rate of Rs.30,000/- per month shall be paid to the respondent by the 7* ofeach month till the time ofhanding over ofthe peaceful and vacant possession. The appellant undertakes to regularly
2013:DHC:8571 continue to pay water and electricity charges and other user occupation charges to the concerned authority. The appellant undertakes not to part with the possession ofthe suit premises or any part thereof to any other person.
The above undertakings given to the court today are accepted. The appellant shall file an undertaking in the form of an affidavit in this court within a period of 10 days from today.
Subject to appellant abiding by the above undertaking, respondent
^ agrees to withdraw the execution petition filed by the respondent in the court of Additional Rent Controller and also the claim for damages. In case, the appellant fails to abide by the undertaking, respondent apart from other remedies will be at liberty to press the claim for damages.
The appellant unconditionally withdraws the present petition. The petition isthus disposed ofinthe above terms.
I
A
JUNE 21,2013 rb ho-
I
SANJEEV SACHDEVA, J, (VACATION JUDGE)
2013:DHC:8571
% 21.06.2013
RFA 286/2013 & C.M.No.9471/2013 (for stay)
On 17.6.2013, a limited notice was issued to the respondent limited to a reasonable time being given to the appellantto hand over the peaceful and vacant possession ofthe suit premises and to relocate his business.
Learned counsel for the respondent has entered appearance. Learned counsel for the parties submit that parties have settled the matter. In terms of the settlement, the appellant undertakes to hand over the peaceful and vacant possession of the suit premises on or before 31.10.2013. The appellant undertakes to clear the arrears of rent with effect from 1.9.2012 at the rate ofRs.30,000/- per month within one month and future rent/damages for use and occupation at the rate of Rs.30,000/- per month shall be paid to the respondent by the 7* ofeach month till the time ofhanding over ofthe peaceful and vacant possession. The appellant undertakes to regularly
2013:DHC:8571 continue to pay water and electricity charges and other user occupation charges to the concerned authority. The appellant undertakes not to part with the possession ofthe suit premises or any part thereof to any other person.
The above undertakings given to the court today are accepted. The appellant shall file an undertaking in the form of an affidavit in this court within a period of 10 days from today.
Subject to appellant abiding by the above undertaking, respondent
^ agrees to withdraw the execution petition filed by the respondent in the court of Additional Rent Controller and also the claim for damages. In case, the appellant fails to abide by the undertaking, respondent apart from other remedies will be at liberty to press the claim for damages.
The appellant unconditionally withdraws the present petition. The petition isthus disposed ofinthe above terms.
I
A
JUNE 21,2013 rb ho-
I
SANJEEV SACHDEVA, J, (VACATION JUDGE)
2013:DHC:8571
JUDGMENT