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Date of Decision: 18.12.2023
PURSHOTTAM DUTT THAPLIYAL AND ANR ...... Petitioners
Through: Mr. Amit Mishra and Mr. Sandeep Singh, Advocates with Appellant in person
Through: Mr. Brijesh Kumar Sharma, Ms. Kritika and Ms. Sheetal Ojha, Advocates
JUDGMENT
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
1. This petition filed under Article 227 of Constitution of India impugns the order dated 20.04.2022 passed by the ADJ-03, East District, Karkardooma Courts, Delhi (‘Trial Court’) in civil suit bearing CS NO. 25/2018 titled as ‘Ankur Goel Etc. v. Purushottam Dutt Thapliyal Etc.’ whereby the Trial Court has struck off the defence of the Petitioner i.e., the defendant, for not paying the use and occupation charges as directed by the said Court vide order dated 23.01.2021.
2. The learned counsel for the Respondent who appears on advance service states that an amount of Rs. 21,16,400/- has become due and payable for the period 05.08.2019 till 31.12.2023.
2.1. He states that the Petitioner is also liable to pay interest on the said amount as the Trial Court had directed to deposit of Fixed Deposit Receipt (FDR) on a quarterly basis.
2.2. He states that the Petitioner cannot place any reliance upon the FDRs placed on record as Annexure P-6 as those FDRs pertain to a period prior to 04.04.2019.
3. In reply, learned counsel for the Petitioner states on instructions from the Petitioner who is present in person that the entire arrears of Rs. 21,16,400/- along with interest at 6.5% per annum will be deposited before the Trial Court in two (2) equal installments on 12.01.2024 and 12.02.2024.
3.1. He states subject to the due payment of the said instalments, the right of the Petitioner herein to cross-examine PW-1 on the defences raised in the written statement be permitted.
3.2. He further states that the directions for deposit of rent on a quarterly basis as per the order dated 23.01.2021 shall also be abided by for the subsequent period commencing from January, 2024.
4. Accordingly, with the consent of the parties, the following directions are passed:
(i) The Petitioner will pay the entire arrears of Rs. 21,16,400/along with interest at 6.5% per annum in two (2) equal instalments.
(ii) The Petitioner shall deposit the first instalment with the Trial
Court on or before 12.01.2024; along with computation of the principal amount of Rs. 21,16,400/- and the interest of 6.[5] % per annum.
(iii) The second installment of the outstanding amount will be deposited with the Trial Court on or before 12.02.2024.
(iv) The computation will be verified by the Trial Court.
(v) The Petitioner will continue to deposit rent for the period
5. Subject to the Petitioner depositing both the instalments, the Petitioner herein will be entitled to cross-examine PW-1 before the Trial Court on 16.02.2024 and the order dated 20.04.2022 shall stand superseded.
6. It is however, made clear that if the Petitioner defaults in making the payment of either instalment; the impugned order of the Trial Court dated 20.04.2022, striking off his defence will continue to operate and bind the parties.
7. The learned counsel for the Petitioner has raised a contention that Respondent herein has not place on record title documents pertaining to the third floor and fourth floor of the suit property.
7.1. In response, learned counsel for the Respondent states that the title documents for second floor, third floor and fourth floor all are on record.
7.2. The Trial Court shall adjudicate on the said issue raised by the Petitioner and the rent amount deposited before the Trial Court shall be released as per the directions of the Trial Court.
8. With the aforesaid direction, the present petition stands disposed of along with pending applications, if any.