BHARAT BHUSHAN & ORS. vs ATUL GUPTA
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 05.12.2023
+ RC.REV. 196/2023 and CM No.36739/2023
BHARAT BHUSHAN & ORS. ….. Petitioners
Through: Mr.A.K. Singla, Sr. Advocate with Mr. Akshit Sachdeva, Advocate with Petitioner No.3 in person
versus
ATUL GUPTA ….. Respondent
Through: Mr. Manish Vashisht, Sr. Advocate with Mr. Dhruv Rohatgi, Mr. Vanshay Kaul and Mr. Devadathan Jayachandran, Advocates
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]
TARA VITASTA GANJU, J.: (ORAL)
1. Learned Senior Counsel appearing on behalf of the Respondent submits that since six months has elapsed after the passing of the Impugned Order dated 03.04.2023, the use and occupation charges for the premises i.e. Shop No.3, Second Floor, property bearing Municipal No.2 to 5, Esplanade Road, Delhi-110006 [hereinafter referred to as the demised premises] be fixed and the matter may be continued thereafter.
2. Accordingly, with the consent of the parties and without prejudice to the rights and contentions of the parties, the directions as set forth below are
RC.REV. 196/2023 page 1 of 3
passed.
2.1 The Petitioners/tenants shall pay to the Respondent/landlord user and occupation charges in the following manner during the pendency of the Revision Petition:
(i) The user and occupation charges for the period from 03.10.2023 onwards shall be paid by the Petitioner/tenant at the rate of Rs.22,000/- per month;
(ii) The user and occupation charges for the months of October, November and December 2023 shall be paid by the Petitioner/tenant on or before 15.12.2023.
(iii) The user and occupation charges from 01.01.2024 onwards, shall be paid by the Petitioner/tenant at the rate of Rs.22,000/- per month, on or before 7th day of each calendar month;
3. All payments shall be made into the bank account of the Respondents/landlord. The details of the bank account shall be provided by the learned Counsel for the Respondent/landlord to the learned Counsel for the Petitioners/tenants on his email address within three days.
4. It is clarified that the use and occupation charges as affixed hereinabove are tentative and subject to the final outcome of the present Petition.
5. Subject to the payment of the aforementioned use and occupation charges, the execution of the Impugned Order dated 03.04.2023 shall remain stayed.
5.1 Needless to state that in the event that there is any default in the payment of use and occupation charges on behalf of the Petitioner/tenant,
RC.REV. 196/2023 page 2 of 3
interim protection as granted hereinabove shall automatically stand dissolved.
6. The parties are at liberty to file an appropriate application in the event they have evidence to show that these user charges fixed are not the market rent for the demised premises.
7. Learned Counsel for the parties shall file their respective written synopsis, not exceeding three pages each, within three weeks, along with compilations of judgments, if any, they wish to rely upon.
7.1 All judgments sought to be relied upon by the learned Counsel for the parties shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.
8. List the matter for hearing on 23.04.2024.
9. Parties will act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J
DECEMBER 05, 2023/yg
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RC.REV. 196/2023 page 3 of 3