Extracted from the PDF above. The PDF is authoritative.
$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 4/2025, CM APPL. 639/2025
SH. VINNET AGGARWAL
.....Petitioner Through: Mr. Harindra Singh and Ms. Niharika Singh, Advocates along with Petitioner in person
versus
SH. RAJEEV BANSAL
.....Respondent
Through: Mr. Ajay Gupta, Advocate
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R %
31.01.2025
1. The Petitioner is physically present in the Court today.
2.
Learned Counsel appearing on behalf of the Respondent/landlord submits that the Respondent/landlord is travelling and therefore, is unbale to join through video conferencing. He, however, submits that he has instructions from the Respondent/landlord.
3.
Learned Counsel appearing on behalf of the Petitioner/tenant, on instructions from the Petitioner/tenant, submits that in the event additional time up to 30.04.2025 is granted to the Petitioner/tenant, the Petitioner/tenant shall vacate the tenanted premises.
4.
Learned Counsel for the Respondent/landlord accedes to this contention provided that the user and occupation charges in the sum of Rs. 15,000/- per month will be paid by the Petitioner/tenant for the period from 04.01.2025 till the vacation of the tenanted premises. 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 04/02/2025 at 12:09:40
5. The Petitioner/tenant accedes to the aforesaid suggestion of the Respondent/landlord. 6. 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 shop bearing municipal no. 2026, Bazar Sita Ram, Delhi-110006 [hereinafter referred to as “subject premises”] on or before 30.04.2025; (ii) The user and occupation charges from 04.01.2025 until the vacation of the subject premises shall be paid by the Petitioner/tenant at the rate of Rs.15,000/- per month; (iii) The user and occupation charges for the month of January, 2025 and February, 2025 shall be paid by the Petitioner/tenant at the rate of Rs. 15,000/- per month on or before 07.02.2025. (iv) The user and occupation charges from February 2025 onwards till the vacation of the subject premises, 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. (v) The Petitioner/tenant undertakes and confirms that the entire subject premises are under their occupation and control; (vi) 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; (vii) The Petitioner/tenant undertake 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; (viii) The Petitioner/tenant shall remain bound by the aforesaid 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 04/02/2025 at 12:09:40
Undertaking. 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 Respondents/landlords to the learned Counsel for the Petitioner/tenant on his email address within two days. 8. An advance copy of the Undertaking shall be served on the Respondent. 9. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within one week from today, execution of Impugned Order dated 03.07.2024 shall remain stayed until 30.04.2025. 10. In the event that the Petitioner/tenant default in complying with the terms of the Undertaking filed, the Respondents will be at liberty to take recourse to appropriate proceedings for recovery of possession and user and occupation charges from the Petitioner at market rate, for the period from the date of the Eviction Order, in accordance with law. 11. Accordingly, the Revision Petition and the pending Applications are
disposed of.
12. List the matter for compliance on 27.02.2025 in the Supplementary list.
13. Parties will act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J JANUARY 31, 2025 g.joshi
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 04/02/2025 at 12:09:40