OM PRAKASH PAREVA & ORS. vs ASHOK KUMAR

$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 12.12.2023
+ RC.REV. 327/2023, CM APPLs. 59854/2023, 59856/2023
OM PRAKASH PAREVA & ORS. ….. Petitioners
Through: Ms Aakanksha Kaul, Advocate along with Petitioner No.1 in person.
versus

ASHOK KUMAR ….. Respondent
Through: Mr Shalabh Gupta, Advocate along with Pawan Soni, Son of the Respondent
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]
TARA VITASTA GANJU, J.: (ORAL)
1. The Petitioner No.1 and son of the Respondent are present in person in the Court today.
2. Learned Counsel for the parties have returned with instructions and submit that in the event the Petitioner is granted time till 31.08.2024 to vacate the premises, the Petitioner shall make payment of use and occupation charges in the sum of Rs. 20,000/- per month during this period.
3. Learned Counsel for the Respondent submits that this is acceptable to the Respondent/landlord, subject to the filing of appropriate affidavit, by way of undertaking by the Petitioners/tenant.
4. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioners/tenant, within ten days, stating as follows:
RC.REV. 327/2023 page 1 of 3

(i) The vacant, physical and peaceful possession of the demised premises will be handed over by the Petitioners/tenant to the Respondent on or before 31.08.2024.
(ii) The Petitioners/tenant shall pay use and occupation charges at the rate of Rs. 20,000/- per month from 05.12.2023 onwards till the vacant physical possession is handed over to the Respondent/landlord.
(iii) The use and occupation charges at the rate of Rs.20,000/- for December 2023 shall be paid by 20.12.2023.
(iv) The Petitioners/tenant will pay all the utility bills such as electricity and water and any other dues, for the demised premises till the date of handing over of the vacant, physical and peaceful possession thereof;
(v) The Petitioners/tenant undertakes and confirms that the entire demised premises in issue are under their occupation and control;
(vi) The Petitioners/tenant undertakes that it will not create any third-party rights or part with possession of the demised premises and they shall not damage the demised premises in any manner whatsoever prior to its vacation; and
(vi) The Petitioners/tenant shall remain bound by the aforesaid Undertaking.
5. An advance copy of the Undertaking shall be served on the Respondent/landlord.
6. All payments shall be made into the bank account of the Respondent/landlord. The details of the bank account shall be provided by the learned Counsel for the Respondent/landlord to the learned Counsel for
RC.REV. 327/2023 page 2 of 3
the Petitioners/tenant on his email address within two days under acknowledgment.
7. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within a week from today, the execution of the order dated 05.06.2023 shall remain stayed.
8. In the event that the Petitioner/tenant defaults in complying with the Undertaking, the Respondent/landlord will be at liberty to take recourse to appropriate proceedings for recovery of possession and for recovery of the use and occupation charges from the Petitioner/tenant at market rate for the period from the date of the Eviction Order in accordance with law.
9. Accordingly, the Petition and all pending Applications are closed.
10. List the matter for compliance on 18.01.2024.
11. Parties will act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 12, 2023
g.joshi
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RC.REV. 327/2023 page 3 of 3