M/S Harvik Brothers (India) vs Dinesh Monga
2019 Latest Caselaw 4363 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on: 16.09.2019
+      RC.REV. 445/2019
M/S HARVIK BROTHERS (INDIA)                              ..... Petitioner
                                   versus

DINESH MONGA                                            ..... Respondent
Advocates who appeared in this case:
For the Petitioner:       Mr. Prateek Tanwar, Adv. with petitioner in person.

For the Respondent:         Mr. Manish Sharma, Mr. Atul Sahi, Mr. P.R. Singh
                            and Ms. Ruchira Singh, Advs. with respondent in
                            person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 12.04.2019, whereby the Leave to defend application of the petitioner has been dismissed by the Rent Controller and an eviction order passed.

2. Respondent had filed the subject eviction petition seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 from a shop in property bearing No. 73, South Patel Nagar, New Delhi, more particularly as shown in red colour in the site plan attached to the

eviction petition.

3. Learned counsel for the petitioner under instructions from the petitioner, who is present in Court in person, seeks leave to withdraw the petition.

4. Petitioner who is present in Court in person, undertakes that he shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 30.06.2020. Petitioner further undertakes that he shall pay Rs. 3000/- per month as use and occupation charges, with effect from 01.10.2019, till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 30.06.2020. He undertakes to pay use and occupation charges on or before 10th day of each English Calendar month.

5. Petitioner further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before he vacates the premises. He further undertakes that he shall not sublet, assign or part with the possession of the entire or any portion of the tenanted premises to any third party.

6. The undertaking is accepted.

7. Learned counsel for the respondent under instructions from the respondent submits that the undertaking is also acceptable to the respondent.

8. In view of the above, the petition is dismissed as withdrawn.

9. Subject to petitioner filing an affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned order dated 12.04.2019 shall remain stayed till 30.06.2020.

10. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 16, 2019 'rs'