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HIGH COURT OF DELHI
JUDGMENT
SHEILA GUJRAL & ANR ..... Petitioners
For the Petitioner: Mr. Sanjeev Sindhwani, Senior Advocate with Mr. Varun Kapoor, Advocate
For the Respondent: Mr. Akshay Makhija and Ms. Seerat Deep Singh, Advocates
1. Petitioner impugns order dated 13.03.2018, whereby the Leave to defend application of the petitioner has been dismissed by the Rent Controller and an eviction order passed.
2. Respondent had filed the subject eviction petition seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 from shop bearing No. 43-A, Khan Market, New Delhi, more particularly as shown in red colour in the site plan attached to the eviction petition. 2019:DHC:4760
3. Learned counsel for the petitioner under instructions from Mr. Vishal Gujral, Petitioner No. 2 who is also the son of petitioner no. 1, and is present in Court in person, seeks leave to withdraw the petition.
4. Petitioner No. 2 is present in Court in person, he undertakes on his behalf as also on behalf of his mother (petitioner No. 1) that petitioners shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.12.2021. He further undertakes that they shall pay use and occupation charges to the respondent at the rate of Rs. 3,25,000/- per month besides GST.
5. The petitioner further undertakes that petitioners shall pay upto date arrears of GST to the respondent in three equal monthly instalments, in accordance with the bills raised.
6. Petitioners further undertake that they shall clear all electricity and other dues/charges (if any) in respect of the tenanted premises before they vacate the premises. They further undertake that they shall not sublet, assign or part with the possession of the entire or any portion of the tenanted premises to any third party.
7. The undertaking is accepted.
8. Learned counsel for the respondent under instructions from the respondent submits that the undertaking is also acceptable to the respondent.
9. In view of the above, the petition is dismissed as withdrawn.
10. Subject to both the petitioners filing affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned order dated 13.03.2018 shall remain stayed till 31.12.2021.
11. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J SEPTEMBER 20, 2019 ‘rs’