Mukesh Kumar vs Ranjana Arora
2015 Latest Caselaw 8397 Del

$~20.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2440/2014
      MUKESH KUMAR                                  ..... Plaintiff
                        Through: Mr. Amit Mahajan, Advocate with
                        Mr. Sidhartha Das, Advocate

                        versus

      RANJANA ARORA                                 ..... Defendant
                        Through: Mr. Anish Dhingraa, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 05.11.2015

1. This order is in continuation of the order dated 02.11.2015. On

the said date, counsel for the plaintiff had offered that the entire

dispute could be resolved if the defendant is agreeable to the amount

already deposited by him being released in favour of the plaintiff and

in that eventuality, he would be in a position to persuade his client to

give up the claim for mesne profits. Counsel for the defendant had

sought time to obtain instructions from his client.

2. Today, counsel for the defendant states that his client is

agreeable to the aforesaid suggestion. He further states that the

plaintiff has to refund the security amount of Rs.30,000/- lying with

him. He suggests that the rent payable to the plaintiff for the month of

November, 2015 may be deducted from the security amount liable to

be refunded by the plaintiff and he may approach the Registry for

seeking refund of the amount deposited by the defendant, less a sum

of Rs.5,800/- (after adjusting the rent for the month of November,

2015 from the security amount of Rs.30,000/-) from the amount lying

deposited.

3. Counsel for the plaintiff states that the balance sum of

Rs.5,800/- may be released in favour of the defendant only upon his

furnishing a no dues certificate from the concerned authorities for the

consumption of the electricity and water in respect of the suit

premises.

4. Counsel for the defendant states that he has no objection to

furnishing no dues certificate from the authorities and/or demonstrate

that all the dues for consumption of the electricity and water in respect

of the suit premises have been cleared.

5. The defendant shall furnish the relevant documents to the

plaintiff within three weeks. In the meantime, the plaintiff shall be at

liberty to approach the Registry for seeking release of the amounts

deposited by the defendant minus a sum of Rs.5,800/-. The said

amount shall be retained by the Registry and on the defendant

satisfying the plaintiff that there are no outstanding dues towards the

electricity and water consumption in respect of the suit premises, the

plaintiff shall file a no objection in the Registry with a copy to the

defendant to enable him to approach the Registry for release of

Rs.5,800/-.

6. The suit is disposed of while leaving the parties to bear their own

expenses.

7. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have been able to arrive at a negotiated

settlement, the plaintiff may be refunded the court fees in terms of

Section 16-A of the Court Fees Act.

8. In view of the aforesaid submission made by the counsel for the

plaintiff, the Registry is directed to issue a certificate in favour of the

plaintiff for refund of 50% of the court fees, as per law.

9. The suit is disposed of, along with the pending application.

File be consigned to the record room.

HIMA KOHLI, J NOVEMBER 05, 2015 rkb