M/S B R Sawhney & Company vs Pramod Kumar (Deceased) Thr Lrs
2019 Latest Caselaw 4543 Del

$~10

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                               Judgment delivered on: 23.09.2019

+      RC.REV. 515/2019
M/S B R SAWHNEY & COMPANY                           ..... Petitioner

                           versus
PRAMOD KUMAR (DECEASED) THR LRS                     ..... Respondents
Advocates who appeared in this case:
For the Petitioner:       Mr.Sandeep Sharma and Mr.Hunny Veer Singh,
                          Advocates.

For the Respondent:       Mr. Girish Aggarwal and Mr.Abhishek Aggarwal,
                          Advocates.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) CM APPL.38956/2019 (exemption)

Exemption is allowed subject to all just exceptions. RC.REV. 515/2019 & CM APPL. 38955/20019

1. Petitioner impugns order dated 06.04.2018, 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 on the ground floor of property No.1901, Chandni Chowk, Delhi--110006, more particularly as shown in orange 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. Learned counsel for the petitioner submits that he has instructions on behalf of the petitioner to undertake that petitioner shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 30.11.2020. Petitioner further undertakes that he shall pay Rs. 25,000/- 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 30.11.2020. Petitioner undertakes to pay use and occupation charges on or before every 10 th day of 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 tenanted premises or any part thereof.

6. The undertaking is accepted.

7. Learned counsel for the Respondent submits that the undertaking is 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 06.04.2019 shall remain stayed till 30.11.2020.

10. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 23, 2019 rk