Kamal Wadhwa vs Gulshan Singh Arora
2017 Latest Caselaw 1537 Del

$~24.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     RFA 320/2017 and CAV 267/2017, 11335/2017, 11336/2017
      KAMAL WADHWA                              ..... Appellant
                 Through: Mr. Sacchin Puri, Sr. Advocate with
                 Mr. Mayank Wadhwa and Ms. Mehak Tanwar,
                 Advocates

                          versus

      GULSHAN SINGH ARORA                                  ..... Respondent
                   Through: None

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 22.03.2017

1. Mr. Puri, learned Senior Advocate appearing for the appellant states on instructions that instead of pressing the appeal on merits, a limited notice may be issued to the other side on the aspect of the timeline for the appellant to vacate the suit premises. He states that the appellant seeks a period of one year to do so. The said aspect shall be considered only after the respondent enters appearance.

2. 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 respondent on the timeline for the appellant to vacate the suit premises, by ordinary process and speed post, returnable on 20.07.2017.

3. The notices to be issued to the respondent shall indicate that he shall

remain present on the next date.

4. It has been enquired from the counsel for the appellant if the appellant has been paying the use and occupation charges in respect of the suit premises. The Court is informed that the appellant was paying the rent @ Rs.8,000/- per month, in respect of the suit premises, till 31.05.2014.

5. As an interim measure, subject to the appellant depositing 50% of the arrears of rent/mesne profits @ Rs.8,000/- per month with effect from 01.06.2014 till 31.03.2017 within three weeks and the remaining 50% within three weeks thereafter, and further, subject to his paying use and occupation charges @ Rs.16,000/- per month effective from April, 2017, on or before the tenth day of each calendar month, operation of the impugned judgment and decree shall remain stayed till the next date of hearing.

6. Needless to state that the amount that the appellant has been directed to deposit in court is without prejudice to the pleas as taken by him in the counter claim of Rs.18 lakh filed against the respondent/plaintiff in the pending suit and the pleas taken in the written statement.

7. Immediately upon receipt of the aforesaid amount, the Registry shall place the same in a FDR, initially for a period of six months to be renewed thereafter from time to time, till further orders.

DASTI.

HIMA KOHLI, J MARCH 22, 2017 rkb/ap