Inder Minocha v. Ajit Tondon

1. The Petitioner/tenant is physically present before the Court today.

2. Learned Counsel for the parties submit that the parties have settled the matter amicably. It is contended that the terms of settlement are that the Petitioner shall vacate the tenanted premises which form the subject matter of the present Petition on or before 31.12.2025 and in the interregnum period, from 01.10.2024 onwards, the Petitioner/tenant shall pay use and occupation charges to the Respondent/landlord in the sum of Rs. 10,000/per month till the time the subject premises are vacated.

3. Learned Counsel for the parties submit that the Petition can be disposed of in terms of the aforegoing settlement. 3.[1] In view of the aforegoing, let an Affidavit/Undertaking be filed by the Petitioner/tenant, within a period of two weeks undertaking that:

(i) The Petitioner/tenant shall hand over the physical possession of the demised premises, on or before 31.12.2025;

(ii) From 01.10.2024 onwards, the Petitioner/tenant shall pay the use and occupation charges to the Respondent/landlord in the sum of Rs. 10,000/per month till the vacation of the demised premises;

(iii) The use and occupation charges for October and November, 2024

(iv) The use and occupation charges from 01.12.2024 onwards, shall be paid by the Petitioner/tenant on or before 7th day of each calendar month till vacant possession of the demised premises is handed over to the Respondent/landlord;

(v) The Petitioner/tenant undertakes and confirms that the entire demised premises are under his occupation and control;

(vi) The Petitioner/tenant will pay all the utility bills such as electricity and water and any other dues, for the demised premises till the date of handing over of the vacant, physical and peaceful possession thereof;

(vii) The Petitioner/tenant undertakes that they will not create any third party rights or part with possession of the demised ppremises and that they shall not damage the demised Premises in any manner whatsoever prior to its vacation;

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

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

5. All payments shall be made 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 Counsel for the Petitioner/tenant on his email address within two days.

6. In lieu of the aforegoing payment, the Respondent/landlord agrees to waive of all other claims of arrears of rental/damages/use and occupation charges.

7. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within two weeks from today, execution of order dated 19.10.2023 passed in RC ARC No. 386/2020 shall remain stayed.