son of the v. ANAND PRAKASH GOYAL

1. The son of the Petitioner along with Respondent is physically present in the Court today.

2. Learned Counsel for the parties submit that the parties have jointly reached a settlement.

3. Learned Counsel for the Respondent, on instructions, submits that the Respondent/tenant shall vacate the subject premises on or before 30.06.2025 and in the interregnum period, the Respondent/tenant shall pay the user and occupation charges in the sum of Rs. 15,000/- per month to the Petitioner/landlord.

4. Let an Affidavit/Undertaking be filed by all the Respondent/tenant, within a period of two weeks undertaking that:

(i) The vacant, physical and peaceful possession of the subject premises will be handed over by the Respondent/tenant to the Petitioner/landlord on or before 30.06.2025;

(ii) The Respondent/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;

(iii) The Respondent/tenant undertakes and confirms that the entire subject premises are under their occupation and control;

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

(v) The Respondent/tenant shall pay user and occupation charges from

01.11.2024 onwards in the sum of Rs. 15,000/- per month till the vacation of the subject premises on or before the 7th day of each calendar month; and

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

5. An advance copy of the Undertaking shall be served on the learned Counsel for the Petitioner/landlord.

6. All payments shall be made into the bank account of the Petitioner/landlord. The details of the bank account shall be provided by the learned Counsel for the Petitioner/landlord to the learned Counsel for the Respondent/tenant on his email address within three days.

7. In the event that the Respondent/tenant defaults in complying with the Undertaking, the Petitioner/landlord will be at liberty to take recourse to appropriate proceedings for recovery of possession and for recovery of the user and occupation charges from the Respondent/tenant at market rate for the period from the date of the Eviction Order in accordance with law.

8. Subject to the above, learned Counsel for the Petitioner/landlord submits that the Petitioner/landlord agrees to waive all claims for use and occupation and damages of the demised premises. The parties agree that no dispute remains between the parties.