Rajpal Singh And Ors vs Oriental Bank Of Commerce
2016 Latest Caselaw 110 Del

$~11.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 450/2009
     RAJPAL SINGH AND ORS                        ..... Plaintiffs
                    Through: Mr.A.K. Singla, Sr. Advocate with
                    Mr. R.S. Chaggar, Advocate

                       versus

     ORIENTAL BANK OF COMMERCE                  ..... Defendant
                   Through: Mr. Gunjan Kumar, Advocate for
                   Mr. Saran Suri, Advocate with Mr. Ajay Kumar
                   Jain, AGM of the Bank in person.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 07.01.2016

1. This order is in continuation of the orders dated 10.09.2015 and

19.11.2015 when it was recorded that the parties were exploring the

possibility of a negotiated settlement. On 19.11.2015, though not

recorded in the order sheet, a specific figure was suggested to the

defendant/Bank for a settlement with the plaintiffs. Counsel for the

defendant/Bank had stated on instructions from Mr.Ajay Kumar Jain,

AGM of the Bank, who was present in Court, that they shall have to

obtain appropriate sanction from the Premises Committee of the Bank

and at his request, the case was adjourned.

2. The Court is informed that in the meeting held on 23.11.2015,

the Premises Committee of the defendant/Bank had accorded its

approval for offering rent @ Rs.63.70 sq. ft. to the plaintiffs (all

inclusive) as a one time settlement for the period between March,

2009 to February, 2011. A copy of the minutes of the meeting dated

23.11.2015, is handed over by the counsel for the defendant and

taken on record. Counsel for the defendant clarifies that the

defendant/Bank has already paid use/occupation charges to the

plaintiffs @ Rs.43.70 paise for the period in question, thus leaving the

rent payable @ Rs.20/- per sq. ft. for the captioned period which totals

to a sum of Rs.47,02,713.60 paise.

3. Mr. Singla, learned Senior Advocate appearing for the plaintiffs

accepts the offer made by the defendant/bank and states that in view

of the fact that there are 19 plaintiffs, who are the legal heirs of Shri

Balwant Singh and Shri Bahadur Singh and it will take a long time if

the defendant/bank is called upon to issue cheques for the

proportionate amount towards the arrears payable. He suggests that

the plaintiffs shall authorise any one of them for the purpose of

receiving the rent through a single cheque whereafter the amount

received shall be distributed amongst them proportionately.

4. The letters of authorisation to be executed by all the plaintiffs in

favour of one plaintiff shall be filed within three days with a copy to

the counsel for the defendant/Bank, who shall then issue a single

cheque towards the arrears of rent/occupation charges for the period

between March, 2009 to February, 2011 in favour of the duly

authorized plaintiff in discharge of its obligations. The payment shall

be made within two weeks from the date of receipt of the letters of

authorisation.

5. While issuing the cheque in question, the defendant/Bank shall

not deduct any tax at source as the Court is informed by learned

counsel for the plaintiffs that the amounts that shall be received from

the defendant/bank when divided amongst all the plaintiffs in

proportion to their respective shares, would be below the taxable limit.

6. The suit is disposed of in terms of the settlement recorded

above, while leaving the parties to bear their own expenses.

File be consigned to the record room.

HIMA KOHLI, J JANUARY 07, 2016 rkb/ap