Delhi High Court
Rohtash Kataria vs Komit Khanna on 14 February, 2017
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 49/2017 & CM 1641/2017
ROHTASH KATARIA ..... Appellant
Through : Mr. A.S. Rajput, Advocate with
appellant in person.
versus
KOMIT KHANNA ..... Respondent
Through : Mr. Dhiraj Sachdeva, Advocate with
respondent in person.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 14.02.2017
1. This order is in continuation of the order dated 16.1.2017 on which
date, a limited notice was issued to the respondent/plaintiff on the timeline
for the appellant/defendant to vacate the suit premises and on the aspect of
the mesne profits/damages awarded by the learned trial court in favour of
the respondent/plaintiff.
2. Today, counsel for the respondent/plaintiff enters appearance along
with his client and states that he has no objection to the suggestion made by
the appellant/defendant of his retaining the suit premises upto 15.5.2017 and
handing over the vacant peaceful possession thereof to his client by the said
date. He however states that the appellant/defendant is liable to pay the
decretal amount out of which only 50% has been deposited so far. Further,
he requests that the appellant/defendant may be directed to pay the use and
occupation charges in respect of the suit premises on a month to month basis
from February, 2017 onwards, till he hands over the vacant peaceful
possession thereof and in this duration, he must pay the water and electricity
charges.
3. Counsel for the appellant/defendant states that he has already
deposited a sum of Rs.1,95,200/- in the Registry in terms of the order dated
16.1.2017 and he would have no objection to the said amount being released
in favour of the respondent/plaintiff. Ordered accordingly. The said amount
shall be released in favour of the respondent/plaintiff through counsel along
with the interest, if any, accrued thereon.
4. Counsel for the appellant/defendant goes on to state that his client had
deposited a sum of Rs.60,000/- in the court of the learned Rent Controller
and he has no objection to the respondent/plaintiff approaching the said
court for release of the said amount in his favour. Ordered accordingly. The
respondent/plaintiff may approach the court of the learned Rent Controller
for release of Rs.60,000/-.
5. After adjusting the sum of Rs.1,95,200/- and Rs.60,000/-, the
appellant/defendant shall pay the balance sum of Rs.1.35 lacs to the
respondent/plaintiff in four instalments. The first instalment of Rs.33,000/-
shall be payable by the appellant/defendant to the respondent/plaintiff on or
before 28.2.2017, the second instalment of Rs.33,000/- or before 31.3.2017,
the third instalment of Rs.33,000/- on or before 30.4.2017 and the last and
final instalment of Rs.36,000/- shall be paid on or before 15.5.2017, the date
on which the appellant/defendant shall hand over vacant peaceful possession
of the suit premises to the respondent/plaintiff.
6. At the time of handing over vacant peaceful possession of the suit
premises, the appellant/defendant shall clear the entire outstanding dues of
electricity and water charges and a NOC in this regard shall be handed over
to the respondent/plaintiff. Further, till the possession of the suit premises is
handed over to the respondent/plaintiff, the appellant/defendant shall not
sell, transfer, alienate, part with the possession or create any third party
interest therein.
7. The use and occupation charges for the month of February, 2017 shall
be paid by the appellant/defendant to the respondent/plaintiff on or before
28.2.2017. With effect from March, 2017, the appellant/defendant shall
continue paying the use and occupation charges in respect of the suit
premises directly to the respondent/plaintiff on a month to month basis, on
or before the seventh day of each calendar month.
8. In case of any default on the part of the appellant/defendant in abiding
by the undertakings recorded herein above, the respondent/plaintiff shall be
entitled to seek execution of the impugned judgment and decree in
accordance with law along with interest on the outstanding amounts.
9. In token of acceptance of the terms and conditions of the settlement as
recorded above, the appellant/defendant and the respondent/plaintiff as also
they respective counsels have affixed their signatures on the margin of the
order sheet.
10. In view of the settlement arrived at between the parties and recorded
herein above, the appeal is disposed of, along with the pending application.
11. File be consigned to record room.
HIMA KOHLI, J
FEBRUARY 14, 2017/sk/rkb/ap
