Malti Jain & Another vs Blue Coast Hotels Ltd
2015 Latest Caselaw 3209 Del

$~20.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 3224/2014 and I.A. 20689-20690/2014
     MALTI JAIN & ANOTHER                       ..... Plaintiffs
                    Through: Mr. Kunal Kher and Mr. Rishi
                    Manchanda, Advocates

                       versus


     BLUE COAST HOTELS LTD                     ..... Defendant
                   Through: Mr. Varun Arora, Advocate with
                   Mr. Manoj Sharma, Manager (Admn.) of the
                   defendant in person.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 21.04.2015

1. On the last date of hearing, Mr. Manoj Sharma, Manager

(Admn.) of the defendant had appeared and stated that he had

brought two drafts for a sum of `4,81,256/- each in favour of the

plaintiffs No.1 and 2 respectively on account of part payment towards

use and occupation charges in respect of the suit premises.

2. Today, counsels for the parties jointly state that after the last

date of hearing, they have been able to negotiate a settlement under

which, the defendant has agreed to hand over to the plaintiffs, vacant

peaceful physical possession of the suit premises bearing flat No.411,

Antriksh Bhawan, 22, Kasturba Gandhi Marg, New Delhi, on or before

30.09.2015. It has been further agreed between the parties that the

defendant shall continue paying the rent @ `1,17,540/- per month to

the plaintiffs, on or before the 7th day of each calendar month, till

30.09.2015.

3. It is stated by learned counsel for the plaintiff that the defendant

is in default of payment of rent @ `1,17,540/- per month to the

plaintiffs in respect of the suit premises for the period w.e.f. June,

2013 to April, 2015, which totals to `30,37,563/-, and includes the

service tax component. After deducting the TDS on the aforesaid

amount, the balance amount payable comes to `27,33,807/-.

4. Learned counsel for the defendant states that he has brought

two drafts totalling to `9,62,512/-, drawn in favour of the plaintiff

Nos.1 & 2 as detailed below:-

DD No.     Date                 Bank                  Amount
368194     16.04.2015           ICICI Bank,           `4,81,256/-
                                Connaught Place,
                                New Delhi.

368195     16.04.2015           ICICI Bank,           `4,81,256/-
                                Connaught Place,
                                New Delhi.


5.   The same are handed over to counsel for the plaintiffs.        Apart

from the aforesaid amount, counsel for the defendant submits that

they have handed over two post dated cheques for `3,60,942/- each

drawn in favour of the plaintiffs No.1 and 2 to the other side.

6. If the aforesaid two post date cheques are added to the amounts

already paid by the defendant on the last date and the amounts

subject matter of the two drafts tendered t the other side today, the

plaintiff would have received a sum of `26,46,908/-, thus leaving

arrears of rent to the tune of `86,999/-.

7. Counsel for the defendant states on instructions that the sum of

`86,999/- alongwith the TDS certificates for the period w.e.f. June,

2013 to March, 2015 shall be handed over to the plaintiffs on or before

30.04.2015.

8. It is agreed by the parties that in case of default on the part of

the defendant of payment of the monthly rent/use and occupation

charges payable to the plaintiffs, it shall hand over vacant peaceful

possession of the suit premises to the plaintiffs within one month from

the date of committing the said default, and make good the rent for

the period during which the premises was under its occupation, at the

time of handing over possession to the plaintiff.

9. It has further been agreed between the parties that the plaintiffs

shall refund the advance rent/security deposit, if any, paid by the

defendant when it hands over vacant peaceful possession of the suit

premises to them, subject to adjustment of outstanding rent/dues, if

any, in respect of the suit premises and subject to deduction of

amounts, if any, on account of wear and tear in respect of the suit

premises.

10. In view of the aforesaid submissions made by the counsels for

the parties, nothing further survives for adjudication in the present

suit. The parties are bound by the statements made on their behalf

and recorded above.

11. The suit is disposed of alongwith the pending applications.

12. In token of their acceptance of this order, both the parties and

their counsels shall affix their signatures on today's order sheet.

HIMA KOHLI, J APRIL 21, 2015 rkb