Ashok Kumar and Anr v. M/S Mirage Entertainment (Ice Lounge, New Delhi) and Ors

Delhi High Court · 04 Feb 2014 · 2013:DHC:570
G. S. Sistani
CS(OS) No. 976 of 2013
2013:DHC:570
civil other

AI Summary

The court disposed of the suit for possession and damages after parties agreed on settlement terms, ordering defendants to pay damages and provide rent documentation and TDS certificates within a stipulated time, with contempt revival permitted on non-compliance.

Full Text
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CS(OS)No.976-2013 HIGH COURT OF DELHI
CS(OS) 976/2013
Order dated 04.02.2014 ASHOK KUMAR AND ANR ..... Plaintiffs
Through : Mr.S.P. Agarwal, Adv.
VERSUS
M/S MIRAGE ENTERTAINMENT (ICE LOUNGE, NEW DELHI) AND ORS ..... Defendants
Through : Mr.Sunil K. Kalra, Adv. along with defendants.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL)
JUDGMENT

1. Plaintiffs have filed the present suit for possession, arrears of rent, damages, mesne profits and injunction.

2. Possession has been handed over to the plaintiff. Counsel for the plaintiff points out that the wall which has been constructed has not been plastered; the flooring has not been removed; and the height of the flooring has also been increased for the purpose of insulation.

3. It is agreed that a sum of Rs.30,000/- will be paid by defendants to the plaintiff in full and final settlement with respect to all claims regarding damage to the suit property. All payments are stated to have been received by the plaintiff towards amount of rent, except there is a dispute with regard to rent of one month. In case, the defendants are not able to satisfy the plaintiff with supporting documents, the defendants would be liable to 2013:DHC:570 CS(OS)No.976-2013 pay this amount within one month from today, as agreed. Defendants shall also provide TDS certificates, as agreed, to the plaintiff within one month from today. In case the amount is not paid, leave as prayed for is granted to the plaintiff to revive the contempt petition. I.A. 8508 & 14572/2013 & CCP(O) 7/2014

4. In view of the order passed in the suit, the applications and the contempt petition stands disposed of. G.S.SISTANI, J FEBRUARY 04, 2014 msr/ssn