Delhi High Court
Oriental Insurance Co Ltd vs Usha Nagar & Ors on 2 March, 2017
$~36.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 248/2017
ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Mr. Satyajit Patra, Advocate
versus
USHA NAGAR & ORS ..... Respondents
Through: None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 02.03.2017
CM APPL. 8454/2017 (exemption)
Subject to the appellant filing the certified/typed/legible copies of the
documents annexed with the appeal within four weeks, the application is
allowed and disposed of.
RFA 248/2017 and CM APPL. 8453/2017 (stay)
1. The appellant/defendant is aggrieved by the judgment dated
08.11.2016 passed by the learned trial court in a suit for recovery of
possession, damages/mesne profits etc. instituted by the
respondents/plaintiffs.
2. The Court has carefully perused the impugned judgment and
considered the arguments addressed by learned counsel for the appellant, but
is not persuaded to issue notice.
3. At this stage, learned counsel for the appellant states that instead of
pressing the appeal on merits, the appellant be granted a reasonable time of
at least six months to vacate the suit premises.
4. In view of the submission made by the counsel for the appellant as
recorded hereinabove, while disposing of the present appeal alongwith the
pending applications, a limited notice is issued to the respondents on the
timeline for the appellant to vacate the suit premises, by ordinary process
and speed post, returnable on 13.04.2017.
5. The notices to be issued to the respondents shall indicate that they
shall remain present on the next date. An officer competent to take a
decision on behalf of the appellant shall also remain present on the next
date.
6. In view of the fact that the impugned judgment impugns a money
decree, it has been enquired from the counsel for the appellant if the
appellant has paid/deposited the mesne profits/damages awarded in the
impugned judgment, in favour of the respondents. He states that the said
amount shall be deposited after making adjustment of the amounts already
credited into the accounts of the respondents, if granted two weeks' time.
Needful shall be done within the time sought alongwith a month wise
statement of account.
7. For the period with effect from November, 2016 till the end of
February, 2017, the appellant shall pay the arrears of the use and occupation
charges @ Rs.1 lakh p.m. directly to the respondents within two weeks, after
adjusting the amounts already paid and from March 2017 onwards, the
appellant shall continue paying the use and occupation charges at the same
rate to the respondents on a month to month basis on or before the tenth day
of each calendar month.
8. Subject to the appellant making compliances of the aforesaid order
within the stipulated timeline, operation of the impugned judgment and
decree shall remain stayed.
DASTI.
HIMA KOHLI, J
MARCH 02, 2017
rkb/mk/ap
