Union of India v. Mayank Rastogi

1. Allowed, subject to just exceptions.

2. The Application stands disposed of. RC.REV. 51/2025 & CM APPL. 8731/2025 [for stay]

3. Mr. Virendra Singh, the Senior Superintendent of the Petitioner No.2 is present in person today. The Respondent is also present through video conferencing.

4. Learned Counsel for the parties submit that the parties have amicably reached a resolution with respect to their inter se disputes.

5. Learned Senior Central Govt. Counsel for the Petitioners, on instructions, submits that the Petitioners need additional time of six months to vacate the subject premises.

6. Learned Counsel for the Respondent, on instructions from the Respondent, submits that the Respondent is not willing to give so much time and is only agreeable to allow time up to 15.04.2025. Learned Counsel for the Petitioners submits that this offer is acceptable to the Petitioners.

7. In lieu of the early vacation of the subject premises, the learned Counsel for the Respondent/landlord, on instructions from the Respondent/landlord, submits that the Respondent/landlord agrees to forego all claims for user charges and damages.

8. In view thereof, let an Undertaking by way of an Affidavit be filed by the concerned official of the Petitioners, within a week undertaking that:

(i) The Petitioners shall hand over the physical possession of the premises i.e., shop bearing No. B-14, Ground Floor situated in Prehlad Market, Desh Bandhu Gupta Road, Karol Bagh, New Delhi-110005, as shown in blue colour in the site plan annexed with the Eviction Petition [hereinafter referred to as “subject premises”];

(ii) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioners to the Respondent on or before 15.04.2025;

(iii) The Petitioners undertake and confirm that the entire subject premises is under their occupation and control;

(iv) The Petitioners will pay all the utility bills such as electricity and water and any other dues, for the subject premises till the date of handing over of the vacant, physical and peaceful possession thereof;

(v) The Petitioners undertake that they will not create any third-party rights or part with possession of the subject premises and that they shall not damage the subject premises in any manner whatsoever prior to its vacation;

(vi) The Petitioners shall remain bound by the aforesaid Undertaking.

9. An advance copy of the Undertaking shall be served on the Respondent.