$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 361/2024 & CM Appl.70097/2024 SUSHIL KUMAR JAIN .....Petitioner Through: Mr. Rakesh Patiyal and Mr. Surender Nagpal, Advs. versus AJIT TANDON .....Respondent Through: Mr. Rahul Raj Malik and Ms. Afnan, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 27.01.2025 1. Learned Counsel for the parties submit that the parties have reached an amicable settlement in the matter and the Petitioner is ready to vacate the subject premises on or before 31.10.2025. 2. Learned Counsel for the Respondent, on instructions from the Respondent, submits that the Respondent is agreeable to allow additional time up to 31.10.2025 to vacate the subject premises, subject to the Petitioner making payment in the sum of Rs.6,000/- per month as user charges. 3. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioner, within a period of two weeks undertaking that: (i) The Petitioner shall hand over the physical possession of the property i.e., shop bearing no. 31-A, (Old no. 58) situated at ground floor of property bearing no. 2785-86 and 2838-2843, Ward No. XIII, Amrit Market (Pratap Market), Gali Matkon Wali, Sadar Bazar, Delhi-110006 [hereinafter referred to as “subject premises”] on or before 31.10.2025; (ii) The user and occupation charges from 21.11.2024 onwards, until the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2025 at 12:44:12 vacation of the subject premises, shall be paid by the Petitioner at the rate of Rs.6,000/- per month, on or before 7th day of each calendar month; (iii) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioner to the Respondent on or before 31.10.2025; (iv) The Petitioner undertakes and confirms that the entire subject premises are under their occupation and control; (v) The Petitioner 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; (vi) The Petitioner undertakes that they will not create any third-party rights or part with possession of the subject premises and that they shall not damage the subject premises in any manner whatsoever prior to its vacation; (vii) The Petitioner shall remain bound by the aforesaid Undertaking. 5. An advance copy of the Undertaking shall be served on the Respondent. 6. All payments shall be made into the bank account of the Respondent. The details of the bank account shall be provided by the learned Counsel for the Respondent to the learned Counsel for the Petitioner on his email address within three days. 7. Subject to the Petitioner filing the aforesaid Undertaking before this Court within two weeks from today, execution of Impugned Order dated 21.05.2024 shall remain stayed until 31.10.2025. 8. In the event that the Petitioner defaults in complying with the terms of the Undertaking filed, the Respondent will be at liberty to take recourse to appropriate proceedings for recovery of possession of the user and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2025 at 12:44:12 occupation charges from the Petitioner at market rate for the period from the date of the Eviction Order, in accordance with law. 7. Accordingly, the Revision Petition and the pending Application are disposed of. 8. List the matter for compliance on 20.02.2025. 9. The parties shall act based on the digitally signed copy of the order. TARA VITASTA GANJU, J JANUARY 27, 2025/r Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2025 at 12:44:12