RC.REV. 379/2024 $~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 379/2024 & CM APPL. 73722/2024 M/S. RAM SONS AND ORS. (THROUGH ITS PARTNERS) .....Petitioner Through: Mr. Arvind Kumar Gupta, Mr. Arun Bhattacharya, Advocates alongwith Mr. Rajesh Kapoor, partner of petitioner No.1. versus KAMLA SETH & ORS. .....Respondents Through: Mr. Devansh Gupta, Advocate. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 22.04.2025 Pursuant to what was recorded in last order dated 07.04.2025, Mr. Avinash Garg, learned counsel appearing for the petitioners, on instructions of Mr. Rajesh Kapoor who is one of the partners of petitioner No.1 firm, fairly submits that the petitioners are willing to not press the present revision petition if they are granted some reasonable time to vacate the subject premises i.e., Flat No. 2, Ground Floor, Raj Narayan Building, 24-F, Kohlapur Road, Delhi. 2. Mr. Devansh Gupta, learned counsel appears on behalf of the respondent; and submits that the respondents require the subject premises urgently for the bona fide requirement of respondent No.2’s daughter. 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 30/04/2025 at 16:03:09 RC.REV. 379/2024 3. In view of the above, after a brief hearing in the matter, by consent of the petitioner as well as the respondent, the present revision petition is disposed-of with the following directions : 3.1. The petitioners shall vacate the subject premises i.e., Flat No. 2, Ground Floor, Raj Narayan Building, 24-F, Kohlapur Road, Delhi on or before 31.07.2025; 3.2. Subject to the petitioners vacating the subject premises as aforesaid, the petitioners would not be liable for any use and occupation charges, except to pay the rent of Rs. 671/- per month to the respondent by or before the 07th day of every English calendar month, till the time of vacation of the subject premises. 3.3. The petitioner would also be required to clear the entire arrears of rent, which is stated to be due since September 2019, within 06 weeks; and 3.4. To facilitate electronic remittance of rent and arrears of rent as referred-to above, the respondent shall furnish to the petitioners requisite bank details within 07 days. 4. Furthermore, the petitioners shall file before this court an affidavit of undertaking in the following terms within 02 weeks from today, with copy to the opposing counsel : i. I undertake that I shall surrender vacant, peaceful, physical possession of the subject premises to the respondent or his nominee on or before 31.07.2025, against written acknowledgment of receipt. ii. During the period of my use and occupation of the subject premises, I shall pay to the respondent rent at Rs. 671/- per month with effect from 01.04.2025, by or before the 07th day of every English calendar month till the time I vacate the subject premises and hand over vacant, peaceful, physical possession 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 30/04/2025 at 16:03:09 RC.REV. 379/2024 thereof to the respondent. iii. Furthermore, during the period of my use and occupation of the subject premises, I shall also regularly and punctually pay all utility bills, including electricity and water charges and any other dues that may arise in relation to the use and occupation of the subject premises, till the date I hand-over vacant, peaceful, physical possession thereof to the respondent or his nominee. iv. I also undertake that in the event of any default in payment of rent and/or any utility bills as aforesaid, I shall render myself liable to pay enhanced use and occupation charges equivalent to the prevailing market rent for the relevant period instead of the agreed rent of Rs. 671/- per month as referred to above. v. I further undertake and confirm that throughout the period upto 31.07.2025, the subject premises shall remain under my use and occupation; and I shall not create any third party rights, titles or interests whatsoever, in or to the subject premises; and that I shall not cause any damage or harm to the subject premises, failing which I shall remain liable for damages to compensate for any such damage or harm. vi. I shall remain bound by the terms of the aforesaid undertaking. 5. It is clarified that the payment of rent as aforesaid shall not confer upon the petitioner any fresh rights as a tenant or in any other capacity. 6. Needless to add, that in the event of violation of any of the terms of the above-referred undertaking, the respondent shall be at liberty to adopt all such remedies as may be available to him, in accordance with law. 7. The petition is disposed-of in the above terms. 8. The Registry is directed to bring to the notice of this court if the affidavit of undertaking is not filed by the petitioner as directed- above. ANUP JAIRAM BHAMBHANI, J APRIL 22, 2025/ss 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 30/04/2025 at 16:03:09