DHARAMVEER (THROUGH SPA) vs RITU JAIN

2024-12-11 Information

$~98
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11.12.2024
+ RC.REV. 353/2024 & CM APPL. 69062/2024
DHARAMVEER (THROUGH SPA) …..Petitioner
Through: Mr. Kanishk Ahuja, Mr. Vinod Khanna, Ms. Neha Bhardwaj and Mr. Rishabh Manchanda, Advocates with Petitioner in person.
versus
RITU JAIN …..Respondent
Through: Ms. Shalini Kapoor, Ms. Tayyaba Barqi and Mr. Udit Bhatiani, Advocates with Respondent in person.

CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.: (Oral)
1. Petitioner/SPA and Respondent are physically present in Court today.
2. Learned Counsel for the Petitioner/tenant on instructions from the Petitioner/tenant submits that the Petitioner/tenant needs some additional time to vacate the tenanted premises.
3. Learned Counsel for the Respondent/landlord on instructions from the Respondent/landlord submits that the Respondent/landlord is agreeable to allow time up to 31.10.2025, subject to payment of user and occupation charges in the sum of Rs.15,000/- per month. Learned Counsel for the Petitioner/tenant submits that this offer is acceptable to the Petitioner/tenant.
4. The Petitioner/tenant agrees to pay user and occupation charges in the sum of Rs.15,000/- per month from 29.11.2024 onwards till they vacate the tenanted premises.
5. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioner/tenant, within a period of one week undertaking that:
(i) The Petitioner/tenant shall hand over the physical possession of the premises i.e., a shop on the ground floor at property bearing No. 691, Chitla Gate, Chawri Bazar, Delhi-06 [hereinafter referred to as subject premises];
(ii) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioner/tenant to the Respondent/landlord on or before 31.10.2025;
(iii) The use and occupation charges from 29.11.2024 onwards till the date of the subject premises are vacated, shall be paid by the Petitioner/tenant at the rate of Rs.15,000/- per month, on or before 7th day of each calendar month.
(iv) The use and occupation charges for the period of part November and December shall be paid by the Petitioner/tenant at the rate of Rs.15,000/- per month on or before 20.12.2024;
(v) The payment of arrears of rent at the rate of Rs. 249.70 per month shall be made by the Petitioner on or before 31.12.2024;
(vi) The Petitioner/tenant undertakes and confirms that the entire subject premises is under his occupation and control;
(vii) The Petitioner/tenant will pay all the utility bills such as electricity and water and any other dues, for the subject premises till the date of handing over of the vacant, physical and peaceful possession thereof;
(viii) The Petitioner/tenant undertakes that he will not create any third-party rights or part with possession of the subject premises and that he shall not damage the subject premises in any manner whatsoever prior to its vacation;
(ix) The Petitioner/tenant shall remain bound by the aforesaid Undertaking.
6. An advance copy of the Undertaking shall be served on the Respondent/landlord.
7. 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 the Petitioner/tenant on his email address within one week.
8. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within a week from today, execution of order dated 29.05.2024 passed in RC. ARC No. 283/2022 [hereinafter referred to as the Eviction Order] shall remain stayed till 31.10.2025.
9. In the event that the Petitioner/tenant defaults in complying with the terms of the Undertaking filed, the interim protection granted hereinabove shall automatically stand dissolved and 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.
10. The Revision Petition and the pending application(s) are disposed of.
11. List the matter for compliance on 16.01.2025.
12. Parties shall act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 11, 2024/pa
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RC.REV. 353/2024 Page 2 of 2