Akshay Kumar v. The Management Committee & Anr.

Delhi High Court · 15 May 2017 · 2017:DHC:2597-DB
Hima Kohli; Sangita Dhingra Sehgal
W.P.(C) 4161/2015
2017:DHC:2597-DB
property petition_allowed

AI Summary

The Delhi High Court allowed the petitioner’s writ petition directing the society to hand over possession of the flat after confirming membership and payment compliance.

Full Text
Translation output
HIGH COURT OF DELHI
W.P.(C) 4161/2015 & CM Nos. 7544/2015, 14350/2017
AKSHAY KUMAR ..... Petitioner
Through: Mr.Sandeep Kumar, Advocate.
VERSUS
THE MANAGEMENT COMMITTEE & ANR. ..... Respondents
Through: Ms.Meera Mathur, Advocate for R-1 Mr.Anuj Aggarwal, ASC for GNCTD with Ms. Niti Jain, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL O R D E R
15.05.2017
JUDGMENT

1. Learned counsels for the parties state in unison that the entire disputes raised by the petitioner stand settled inasmuch as the recommendation sent by the respondent No.1/Society in respect of inclusion of the petitioner’s name in the list of validly enrolled members has been accepted by the DDA and only the physical possession of the flat in question is required to be handed over to the petitioner.

2. Learned counsel for the petitioner states that the entire up-to-date payment in respect of the subject flat has been deposited by the petitioner with the respondent No.1/Society. He hands over a tabulated statement issued by the respondent No.1/Society for the month of April, 2017 along with the proof of payment of Rs.4908/- towards maintenance charges payable for the flat. The same is taken on record. W.P.(C) 4161/2015 2017:DHC:2597-DB

3. The respondent is directed to hand over the physical possession of the subject flat to the petitioner within one week from today.

4. The petitioner shall ensure that he does not commit any default in paying the maintenance charges in respect of the subject flat as and when they are due and payable to the respondent No.1/Society.

5. The petition is disposed of alongwith the pending applications while leaving the parties to bear their own costs. HIMA KOHLI, J SANGITA DHINGRA SEHGAL, J MAY 15, 2017 ssc/afa