Full Text
HIGH COURT OF DELHI
Date of Decision: 04.02.2025
39284/2019 M/S RAMJAS FOUNDATION .....Petitioner
Through: Mr. Rajeev Saxena, Sr. Advocate
Through: Mr. Sandeep Singh, Advocate.
JUDGMENT
1. Learned Counsels for the parties, on instructions, submit that the parties have mutually reached a settlement in the matter.
2. Learned Senior Counsel for the Petitioner/tenant on instructions from the Petitioner/tenant submits that the Petitioner/tenant needs additional time to vacate the tenanted premises.
3. Learned Counsel for the Respondent/landlord, on instructions, submits that the Respondent/landlord is agreeable to allow time up to 31.03.2026, subject to payment of user and occupation charges in the sum of Rs.25,000/- per month. Learned Senior Counsel for the Petitioner/tenant on instructions submits that this offer is acceptable.
4. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioner/tenant, within a week undertaking that:
(i) The Petitioner/tenant shall hand over the vacant physical possession of the premises i.e., Entire First Floor admeasuring 433.33 sq. yds. in property bearing No. 69-71, Panchkuian Road, Delhi [hereinafter referred to as “subject premises”].
(ii) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioner/tenant to the Respondent/landlord on or before 31.03.2026;
(iii) The use and occupation charges for the period from 18.03.2019 to
(iv) The use and occupation charges for the period from 01.04.2022 to
(v) The use and occupation charges from 01.01.2025 onwards shall be paid by the Petitioners/tenants at the rate of Rs.25,000/- per month on or before 7th day of each calendar month;
(vi) The use and occupation charges for the months of January and
(vii) The use and occupation charges as set out in paragraphs (iii) and (iv) above shall be cleared by the Petitioner/tenant in four equal quarterly instalments payable on 31.03.2025, 30.06.2025, 30.09.2025 and 31.12.2025.
(vii) The Petitioner/tenant undertakes and confirms that the entire subject premises is under his occupation and control;
(viii) The Petitioner/tenant 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;
(ix) The Petitioner/tenant undertakes that he will not create any third-party rights or part with possession of the subject premises and that he shall not damage the subject premises in any manner whatsoever prior to its vacation;
(x) The Petitioner/tenant shall remain bound by the aforesaid
5. An advance copy of the Undertaking shall be served on the Respondent/landlord.
6. All payments shall be made by the Petitioner/tenant into the bank account of the Respondent/landlord. The details of the bank account shall be provided by the learned Counsel for the Respondent/landlord to the learned Senior Counsel for the Petitioner/tenant on his email address, within two days.
7. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within a week from today, execution of order dated 18.09.2018 passed in E.No.42/2018 captioned Smt. Babbal Bhatia v. M/s Ramjas Foundation [hereinafter referred to as the “Eviction Order”] shall remain stayed till 31.03.2026.
8. In the event that the Petitioner/tenant defaults in complying with the terms of the Undertaking filed, the interim protection granted hereinabove shall automatically stand dissolved and Respondent/landlord will be at liberty to take recourse to appropriate proceedings for recovery of possession and for recovery of the full mesne profits from the Petitioner/tenant at market rate for the period from the date of the Eviction Order, in accordance with law.
9. The Revision Petition is disposed of in the aforegoing terms. Pending Application stands closed.
10. List the matter for compliance on 25.02.2025 in Supplementary list.