Anjana Bhattacharya vs Suvash Bhattacharya
2011 Latest Caselaw 2375 Del

47.

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     RFA 100/2009
ANJANA BHATTACHARYA                                       ..... Appellant
              Through :            Mr. Bharat Bhushan Sawhnay, Sr. Adv. with
                                   Mr. Dipak Kumar Jena, Adv. along with
                                   petitioner.
                     versus
SUVASH BHATTACHARYA                                       ..... Respondent
              Through :            Mr. D.N. Ray and Mr. Lokesh K. Choudhary,
                                   Advs.

      CORAM:
      HON'BLE MR. JUSTICE G.S.SISTANI

                   ORDER

% 03.05.2011

1. Learned counsel for the parties submit that parties have arrived at

an amicable settlement. Parties are present in Court and they are

duly identified by their respective counsel. The following agreed

terms of settlement have been reiterated by the parties in Court

today:

(i) The appellant undertakes to hand over vacant peaceful possession of the second floor of the property bearing no.P-113, Chitranjan Park, New Delhi, 110019, to the respondent on or before 30 months from 27.4.2011 in the same/better condition than it was taken;

(ii) The appellant undertakes to pay use and occupation charges on or before the seventh day of each English calendar month in advance by cheque or demand draft to the respondent @ `1000/-, per month, uptill, 31.12.2011 and thereafter @ `10,000/-, per month, till the handing over possession of the premises, in question.

(iii) The appellant undertakes to pay water charges (applicable for the floor where she is residing) and electricity charges till the date of handing over possession of the premises in question;

(iv) The appellant undertakes not to cause any damage to the property, in question;

(v) The respondent undertakes that in case the appellant complies with the terms of settlement he will not execute the decree for a period of thirty months from 27.4.2011;

(vi) It is agreed that the terms of settlement will be treated as an undertaking to the court;

(vii) Parties have been explained the consequences of breach of undertaking.

2. In view of the settlement arrived at between the parties, appellant

does not wish to press present appeal.

3. Accordingly, appeal stands dismissed as not pressed. As token of

acceptance, parties are directed to append their signatures on the

order sheet.

CM NOS.4334/2009 & 5015/2009.

4. Applications stand dismissed in view of the order passed in the

appeal.

G.S. SISTANI, J.

MAY 03, 2011
'msr'
RFA 100/2009                                                                    2/2