Daljeet Auto Centre v. Jagmohan Singh Bakshi

1. CM APPL. 72669/2024, CM APPL. 72670/2024 and CM APPL. 72671/2024 were disposed of by this Court on 11.12.2024. The Registry is directed not to show these Applications as pending.

2. On the last date of hearing, learned Counsel for the Petitioner had requested for additional six months’ time to vacate the subject premises.

3. Learned Counsel for the Respondent/landlord on instructions from the Respondent/landlord, who is present in Court submits that the Respondent/landlord is agreeable to allow time up to 30.06.2025 to vacate the subject premises.

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

(i) The Petitioner/tenant shall hand over the physical possession of the premises i.e., a private shop bearing No. 2 at WZ-115, Meenakshi Garden, New Delhi-110018 [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 are 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 three weeks from today, execution of order dated 05.06.2024 passed in RC/ARC No. 86/2022 [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 use and occupation charges from the Petitioner/tenant at market rate for the period from the date of the Eviction Order, in accordance with law.

8. The Petition is disposed of in the aforegoing terms.

9. List the matter for compliance on 28.01.2025.