M/S K D R PVT LTD v. M/S PRABHDIT ASSOCIATES PVT LTD

1. This matter has been listed for affixation of user charges today.

2. The tenanted premises is Shop No. 2, on the ground floor in the property bearing no. 1321, New Guru Nanak Market, Sultan Singh Building, Kashmere Gate, Delhi-110006, as shown in red colour in the site plan annexed with the Eviction Petition [hereinafter referred to as “subject premises”].

3. Learned Counsel for the Respondent/landlord submits that leave to defend Application filed by the Petitioner/tenant was dismissed by the learned Trial Court on 04.10.2018 and thereafter, interim protection was granted to the Petitioner by this Court more than five years ago i.e., on 27.02.2019, however, no user and occupation charges are being paid by the Petitioner/tenant.

4. Learned Counsel for the Respondent further submits that in a connected matter being RC. REV. 479/2019 captioned M/s Ith Hydrolics Pvt. Ltd. v. M/s Prabhdit Associates Pvt. Ltd., this Court had passed an order on 07.11.2023 in respect of another premises in the same building as of the subject premises being Shop no.24, property no. 1321, New Guru Nanak Market, Sultan Singh Building, Kashmere Gate, Delhi-110006 admeasuring 95.89 sq. ft. approximately [hereinafter referred to as “other premises]. 4.[1] Learned Counsel for the Respondent/landlord seeks to rely upon the order dated 07.11.2023 in RC. REV. 479/2019, wherein this court recorded the contentions of the parties qua the user and occupation charges in respect of the other premises to submit that the subject premises is also in the same vicinity as that of the other premises. It is also submitted that Respondent herein was also the Respondent in RC. REV. 479/2019. 4.[2] Relying upon the Order dated 07.11.2023, learned Counsel for the Respondent/landlord further submits that the market rent for the subject premises would be in the range of Rs. 30,000/- to Rs. 40,000/- per month and in the year 2018-2019, it was Rs. 20,000/- per month approximately.

5. Learned Counsel for the Petitioner/tenant submits that the Petitioner/tenant is not in a position to pay more than Rs.5,000/- per month as user and occupation charges for the subject premises.

6. After some arguments, learned Counsel for the Petitioner/tenant, on instructions from the Managing Director/Majority Shareholder of the Petitioner/tenant, submits that the Petitioner/tenant needs additional time up to 30.06.2025 to vacate the subject premises. 6.[1] Learned Counsel for the Respondent/landlord, on instructions, submits that the Respondent/landlord is agreeable to allow time up to 30.06.2025, subject to payment of user and occupation charges in the sum of Rs.5,000/- per month.

7. In view thereof, let an Undertaking by way of an Affidavit be filed by Managing Director/Majority Shareholder of the Petitioner/tenant, within two weeks undertaking that:

(i) The Petitioner/tenant shall hand over the vacant physical possession of the premises i.e., shop no. 2 in the property bearing no. 1321, New Guru Nanak Market, Sultan Singh Building, Kashmere Gate, Delhi-110006 [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 use and occupation charges for the period from 04.04.2019 to

(iv) The use and occupation charges from 01.02.2025 onwards till the time the subject premises is vacated shall be paid by the Petitioner/tenant at the rate of Rs.5,000/- per month on or before 7th day of each calendar month;

(v) The use and occupation charges as set out in paragraph (iii) above shall be cleared by the Petitioner/tenant in three equal instalments payable on 28.02.2025, 31.03.2025 and 30.04.2025.

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

(vii) 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;

(viii) The Petitioner/tenant undertakes that it will not create any third-party rights or part with possession of the subject premises and shall not damage the subject premises in any manner whatsoever prior to its vacation;