M/S. Aster Technologies Pvt. Ltd. ... vs M/S. Saurabh Buildcon Pvt. Ltd.
2013 Latest Caselaw 1127 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                 Date of decision: 06.03.2013
+     RFA (OS)18/2013, C.M. APPL.1624-1625/2013 & 3667/2013
      M/S. ASTER TECHNOLOGIES PVT. LTD. & ANR
                                                ...... Appellants
                    Through : Sh. Anil Kher, Sr. Advocate with
                    Sh. D.R. Bhatia and Sh. Ankur Bansal,
                    Advocate.

                             versus

      M/S. SAURABH BUILDCON PVT. LTD.          ..... Respondent

Through : Sh. U.K. Shandilya, Advocate.

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. PATHAK

MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT)

%

1. It is submitted by learned senior counsel for the appellants that the rent liability for the past period, i.e. till 30.09.2010 was the subject matter of a notice by the Income Tax authorities. It is submitted that consequent to it, certain amounts were paid, the details of which are provided in para 3(i)(a) of C.M. Appl. 3667/2013. It is, therefore, stated that the amounts towards damages/mesne profits are outstanding and payable for the period October 2010 onwards. Having regard to these facts, learned counsel for the respondents/plaintiffs submitted that in case the details or receipts are required the petitioner

RFA(0S) 18/2013, C.M. APPL. 1624-1625/2013 & 3667/2013 Page 1 shall make available necessary copies of the same and also furnish relevant particulars. The appellants are accordingly directed to comply and furnish the details if and when called upon to do so.

2. Pursuant to the orders of this Court dated 05.02.2013 and 21.02.2013, the appellants have filed an affidavit/undertaking through its MD Sh. Sunil Khanna, in terms of which the peaceful and vacant possession of the suit premises would be handed-over to the respondents/plaintiffs on or before 14.02.2014. The appellant has undertaken as follows:

"6. That I, Sunil Khanna, for self and as Director of the Appellant No.1, do hereby undertake as under:-

(a) That the appellants shall vacate and hand over the vacant and peaceful possession of the Premises, i.e. No. 71/5, admeasuring 4156 sq. feet, Shivaji Marg, Najafgarh Road, New Delhi, to the authorized representative of the Respondent on or before 14th February 2014, against the Respondent refunding the sum of Rs.90,000/- (Rupees Ninety Thousand only), which was paid by the Appellant No.1 towards security deposit for the said Premises.

(b) That the Appellants undertake not to alienate or part with the possession of the said property to any person other than to the authorized representative of the Respondent or create any third party interest therein.

(c) That the Appellant No.1 shall pay damages/mesne profits for the said Premises to the Respondent as the following rates:

 At Rs. 50,000/- (Rupees Fifty Thousand) per month, for the period 01.10.2010 to 14.02.2013, on or before 05.04.2013.

RFA(0S) 18/2013, C.M. APPL. 1624-1625/2013 & 3667/2013 Page 2  At Rs.60,000/- (Rupees Sixty Thousand) per month for the period 15.02.2013 till such time the vacant possession is handed over to the Respondent on or before 14.02.2014. The monthly payment shall be made by 7 th of each English calendar month.

The said amount shall be paid after deducting the TDS at the applicable rates.

(d) Service Tax:

In case any amount is payable by the Appellant towards the service tax, the Appellant shall pay the said amount against the Respondent providing an invoice, quoting the service registration number, every month. The Appellant shall pay such invoices towards service tax within seven days of receiving the respective monthly invoices from the Respondent as applicable from time to time. The Respondent shall furnish to the Appellant challan of deposit of Service Tax with the Tax Authorities.

(e) That to facilitate the handing over the possession of the above said Premises, in the manner stated above, the Respondent shall nominate a designated person, who shall be present at site and hand over a copy of the Resolution passed by the Board of Directors of the Respondent duly authorizing him to receive the possession and to give no dues certificate to the Appellants."

The above affidavit is hereby taken on record.

3. The appellants/respondents represented by its Managing Director is present. The respondents/plaintiffs are also present. They have expressed the agreement to be bound by the terms of the decree. A decree in modification of the impugned judgment and decree shall

RFA(0S) 18/2013, C.M. APPL. 1624-1625/2013 & 3667/2013 Page 3 be drawn; the parties are bound in terms of the same. The appeal is decreed in the above terms.

S. RAVINDRA BHAT (JUDGE)

A.K. PATHAK (JUDGE) MARCH 06, 2013 'ajk'

RFA(0S) 18/2013, C.M. APPL. 1624-1625/2013 & 3667/2013 Page 4