Full Text
Date of Decision: 23.10.2024
842/2023 SHALOO GUPTA & ORS .....Petitioners
Through: Mr. Vijay Chawla, Mr. Dhruv Chawla and Ms. Yuganshi Singh, Advs.
Through: Mr. Arun Varma, Sr. Adv. Mr. Navin Kumar, Mr. Arjun Malik, Mr. Amritesh Bhatt, Mr. Shobhit Gupta, Ms. Ridhi Mehta, Ms. Aarohi Malik and Mr. Kharanshu Rana, Advs.
JUDGMENT
1. After some arguments, learned Counsel for the parties, on instructions, submit that the parties have amicably settled their disputes. They submit that in terms of the settlement arrived at between the parties, the Petitioners/tenant undertake to vacate the subject premises on or before 30.09.2025.
2. Subject to the above, learned Counsel for the Respondent/landlord submits that the Respondent/landlord agrees to waive all claims for damages of the demised premises. The parties agree that no dispute remains between the parties.
3. Accordingly, let an Affidavit/Undertaking be filed by all the Petitioners/tenant, within a period of four weeks undertaking that:
(i) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioners/tenant to the Respondents/landlord on or before 30.09.2025;
(ii) The Petitioners/tenants will make the payment of user and occupation charges as affixed by this Court until they vacate the subject premises.
(iii) The Petitioners/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;
(iv) The Petitioners/tenant undertakes and confirms that the entire subject premises are under their occupation and control;
(v) The Petitioners/tenant undertakes that they 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;
(vi) The Petitioners/tenant shall remain bound by the aforesaid
4. An advance copy of the Undertaking shall be served on the learned Counsel for the Respondent/landlord.
5. In the event that the Petitioners/tenant defaults in complying with the Undertaking, the Respondents/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 Petitioners/tenant at market rate for the period from the date of the Eviction Order in accordance with law.
6. This Petition and all pending Applications are disposed of in the aforegoing terms.
7. List for compliance on 04.12.2024.