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FAQ 32/2016 &CM APPL.1802/2016 (stay)'
KISHANCHAND ,, Appellant
Through: Mr. SumeetPushkama, Advocate with Mr. Amit Sarkar, Adv., • - - , Mr. Siddhartha Nagpal, Adv. along with Appellant in person.
Through; Mr. Manish Garg, Advocate with Mr. S.K. Bansal, Adv. along with
Respondent in person.
04.02.2016
ORDER
1. Afterhearing the matter for some time with the consent of the learned counsel for the parties, the following settlement has been arrived at between the parties.
2. The appellant/tenant shall vacate the suit premises on or before 3"^ June, 2016. This shall; be subject.to;the appellant filing an undertaking within a weekincorporating the following terms and conditions
3. That the appellant shall notclaim back amount of Rs.[3] lacs which has been deposited by "him and it shall be released to the respondent. The appellant shall clear all the charges for maintenance payable to the society as well as electricity and water charges and submit the bills in original with the respondent in token ofits proofthat he is not in arrears ofany ofthe amount 2016:DHC:8541., 1 - on that score. That the appellant shall not sublet, assign or part with possession ofthe suit premises nor shallhe carry out any addition/alterations or stmctural: changes in the same to the detriment of the respondent. On " withdrawal of the amount of Rs.[3] lacs by the respondent deposited by the appellant, the rent upto 2""^ June, 2016 shall.^tand paid to thejespondent.
4. The appellant shall state clearly in the undertaking that he is filing the same voluntarily without any threat, coercion or inducement and that he i- - knows the consequences that in the event ofnot compiying with the terms,, and conditions of the undertaking an appropriate action against him can be taken in accordance with law.
5. A copy of the undertaking shall be furnished to the respondent in advance who shall file his Affidavit of acceptance within one week thereafter.
6. The respondent shall also along with Affidavit of acceptance file a separate undertaking which will withdraw all the cases which have been filed by him against the present appellant.
7. It is made clear that in case the appellant does not vacate the premises after the expiry of four months and the cases of the respondent have been withdrawn, the respondent shall be at liberty to file an appropriate contempt application against the appellant and all the cases which have been filed by the respondent against the appellant shall also stand revived. T 'J' t
8. The registry is directed to release the amount of Rs.[3] lac to the respondent.: • •:
9. With these directions the appeal stands disposed of
10. List the matter before Registra,r- (Appellate) for- acceptance of undertaking ofthe parties on 23.02.2016.
11. Dasti to the parties.
FEBRUARY 04,2016 vk Y.K.SHALI,J.