Delhi High Court
Travel Shoppe vs Consolidated Plastofab Ltd on 12 January, 2017
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 290/2012 & CM 44817/2016
TRAVEL SHOPPE ..... Appellant
Through : Mr. Samrat Nigam with
Mr. Abhimanyu Walia, Advocates
versus
CONSOLIDATED PLASTOFAB LTD ..... Respondent
Through : Mr. P.V. Kapur, Sr. Advocate with
Mr. Vaibhav Gaggar and
Ms. Sumeodha Dang, Advocates
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 12.01.2017
1. The appellant/defendant is aggrieved by the judgment dated
24.12.2011 passed in a suit for possession and arrears of rent instituted
against it by the respondent/plaintiff.
2. Under the impugned order, while decreeing the suit in favour of the
respondent/plaintiff and granting a decree of recovery of possession the suit
premises against the appellant/defendant, it was held that the
appellant/defendant is liable to pay rent to the respondent/plaintiff @
Rs.16,940/- w.e.f. 1.7.2003, till the date of realization. It was also noticed
that an amount of Rs.8,30,000/- was paid by the appellant/defendant towards
the arrears of rent and an advance rent of Rs.42,000/- was paid to the
respondent/plaintiff that required to be set off. In para 39 of the impugned
judgment, it has been further recorded that the respondent/plaintiff had
accepted an amount of Rs.1,00,000/- from the appellant/defendant towards
advance payment, which it was directed to return along with pendente lite
and future interest @ 8% p.a.
3. Mr. Nigam, learned counsel for the appellant/defendant states that he
has received instructions from his client to the effect that they are ready and
willing to vacate the suit premises if granted a period of six months and they
have no objection to the decretal amount being released in favour of the
respondent/plaintiff, as deposited by the appellant/defendant in the court.
He clarifies that the said amount may be released after granting the
necessary adjustments to the appellant/defendant, as recorded in the
impugned judgment dated 24.12.2011. He further states that till date, the
appellant/defendant has been depositing the use and occupation charges in
respect of the suit premises in the Registry, but henceforth, the
appellant/defendant is ready and willing to pay the said amount directly to
the respondent/plaintiff, till the date the suit premises is vacated and
physical possession thereof is handed over to the respondent/plaintiff.
4. Counsel for the respondent/plaintiff states that his client is agreeable
to the offer of settlement made by the other side.
5. Accordingly, with the consent of the parties, the appeal is disposed of
on the following terms and conditions:
(i) The appellant/defendant shall hand over the vacant physical
possession of the suit premises to the respondent/defendant on or
before 30.6.2017.
(ii) W.e.f. 1.2.2017, the appellant/defendant shall pay the use and
occupation charges of the suit premises directly to the
respondent/plaintiff @ Rs.16,940/- p.m., on or before the seventh day
of each calendar month, till possession thereof is handed back to the
respondent/plaintiff.
(iii) The parties have agreed that the counsel for the respondent/plaintiff
shall approach the Registry for release of the sum of Rs.16,83,220/-,
from out the amount deposited by the appellant/defendant in the
Registry, which is stated to be to the tune of Rs.27,61,220/-. The
aforesaid amount shall be released in favour of the
respondent/plaintiff after giving adjustment of Rs.8,30,000/-,
Rs.42,000/- and Rs.2,40,000/- to the appellant, as directed in the
impugned judgment and decree. After the aforesaid amount of
Rs.16,83,220/- is released in favour of the respondent/plaintiff,
through counsel, the Registry shall retain a round figure of
Rs.5,00,000/- and release the balance amount to the
appellant/defendant, through counsel.
(iv) On the date the appellant/defendant hands over vacant physical
possession of the suit premises to the respondent/appellant, after
satisfying itself about the status of the suit premises from the angle of
wear and tear and subject to payment of any other outstanding
amount, payable by the appellant/defendant, the latter shall issue a
No Objection Certificate.
(v) At the time of handing over vacant physical possession of the suit
premises to the respondent/plaintiff, the appellant/defendant shall
handover the proof of upto date payment of electricity and water dues
to the concerned authorities.
(vi) Thereafter, the appellant/defendant shall file an application in the
court for seeking release of Rs.5,00,000/- retained in the Registry.
6. An officer, competent to swear an affidavit on behalf of the
appellant/defendant, shall file an affidavit undertaking to abide by the terms
and conditions of the settlement recorded herein above, within one week
from today, with a copy to the other side.
7. The appeal is disposed of, along with the pending application.
HIMA KOHLI, J
JANUARY 12, 2017
sk/ap
