Ashok Kumar Chopra v. Hotel Zodiac Pvt. Ltd.

1. The Petitioner/tenant is present in person in Court today and has been explained of the order in vernacular.

2. Learned 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 30.06.2025. Learned Senior Counsel for the Petitioner/tenant on instructions submits that this offer is acceptable. 3.[1] Learned Counsel for the Respondent/landlord, on instructions, submits that in lieu of the early vacation of the tenanted premises, the Respondent/landlord agrees to forego user and occupation charges or damages.

4. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioner/tenant, within a period of one week undertaking that:

(i) The Petitioner/tenant shall hand over the vacant physical possession of the premises i.e., one shop situated at Ground Floor, in property bearing municipal No. 7A/5, situated at WEA Karol Bagh, New Delhi, as shown in the red colour in the site plan filed along with the Eviction Petition before the Trial Court [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 30.06.2025;

(iii) The Petitioner/tenant undertakes and confirms that the entire subject premises is under his occupation and control;

(iv) 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;

(v) 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;

(vi) The Petitioner/tenant shall remain bound by the aforesaid

5. An advance copy of the Undertaking shall be served on the Respondent/landlord.

6. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within a week from today, execution of order dated 14.10.2024 passed in RC ARC 686/2019 captioned Hotel Zodiac Pvt. Ltd. v. Ashok Kumar Chopra [hereinafter referred to as the “Eviction Order”] shall remain stayed till 30.06.2025.

7. 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.

8. The Revision Petition is disposed of in the aforegoing terms. Pending Application stands closed.

9. List the matter for compliance on 17.02.2025 in Supplementary list.