Satish Kumar v. Ashok Kumar Bhalla

1. Petitioner impugns order dated 10.04.2018, whereby leave to defend application of the petitioner has been dismissed and an eviction order passed.

2. Subject eviction petition was filed by the respondent seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 from a shop bearing Private No.8, situated at Ground Floor of Property bearing Municipal No.M-73, 2019:DHC:5322 Greater Kailash, Part –I, Main Market, New Delhi, more particularly as shown in red colour in the site plan attached to the eviction petition.

3. Learned senior counsel for the petitioner submit that since Mr. Satish Kumar – petitioner is unwell, he has executed a General Power of Attorney in favour of Mr. Anoop Anand dated 30.07.2019. Copy of the Power of Attorney has been placed on record. Original Power of Attorney has been produced in Court for perusal.

4. Learned senior counsel for the petitioner further submits that Mr. Anoop Anand and Ms. Shyamali Anand, wife of Mr. Anoop Anand are carrying on business as franchisees of Mr. Satish Kumar.

5. Learned senior counsel for the petitioner, under instructions from Mr. Anoop Anand, appearing as General Power of Attorney of the Petitioner, seeks leave to withdraw the petition.

6. Mr. Anoop Anand, who is present in Court in person, undertakes on behalf of Mr. Satish Kumar, himself and Ms. Shyamali Anand that they shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.08.2023. He further undertakes that they shall pay a sum of Rs.65,000/- per month as use and occupation charges with effect from 01.09.2019 till the time they hand over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.08.2023. He further undertakes that they shall clear the arrears of Rs.[3] lakhs within a period of 4 months from today.

7. He further undertakes that they shall clear all water, electricity and other dues/charges in respect of the tenanted premises before he vacates the premises on or before 31.08.2023. He further undertakes that they shall not sublet, assign or part with the possession of the tenanted premises of any part thereof. He further undertakes that they shall not cause any damage to the tenanted premises and shall hand over the peaceful and vacant possession of the tenanted premises in the same condition as it exists today subject to normal wear and tear.

8. The undertaking is accepted.

9. Learned counsel for the respondent, under instructions from the respondent submits that the undertaking is also acceptable to the respondent.

10. In view of the above, the petition is dismissed as withdrawn.

11. Subject to petitioner, Mr. Anoop Anand and Ms Shyamali Anand filing affidavits of undertaking in the above terms within a period of two weeks from today, execution of the impugned order dated 10.04.2018 shall remain stayed till 31.08.2023.

12. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 17, 2019 st