Delhi High Court
Bobby Luthra Sinha vs Union Of Indian & Ors on 20 January, 2020
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20.01.2020
+ W.P.(C) 12500/2019
BOBBY LUTHRA SINHA ..... Petitioner
versus
UNION OF INDIAN & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Ramakant Sharma with Mr. Mayank Grover, Advocates
with petitioner in person.
For the Respondent: Mr. Manish Mohan, CGSC with Ms. Ridhima Gaur, G.P. and
Ms. Manisha Saroha, Advocate for respondent Nos.1 and 2.
Mr. M. Dutta with Mr. Sumeher Bajaj, Mr. Bharat Arora
and Mr. Aditya Gupta, Advocates for respondent No.3.
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
W.P.(C) 12500/2019 & CM APPL.51012/2019 (stay), CM
APPL.1257/2020 (filed on behalf of petitioner for appointment of Local
Commissioner)
1. Petitioner, by this petition, seeks a direction to the respondent Union
of India not to evict the petitioner from the accommodation allotted to her
husband i.e. premises bearing No. B-26, Ministry of External Affairs,
Housing Complex, 37-38, Dr. Radhakrishnan Marg, Chanakyapuri, New
Delhi - 110021 till the Flat No.701, Tower 6, Parsavnath Prestige II, Sector
- 93A, Noida is renovated and fully functional.
2. It is contended by learned counsel for the petitioner that the subject
flat, possession of which has been handed over to the petitioner, is not in a
liveable state and is not suitable for the special needs of their child. This is
disputed by the learned counsel for the respondents.
3. Without prejudice to the respective stands taken by the parties,
parties have arrived at a settlement as under:-
(i) For the purposes of getting the repair and renovation work,
Respondent No.3 undertakes to pay a total sum of Rs.10 lakhs to the
petitioner, out of which, Rs.5 lakhs shall be paid on or before
23.01.2020 and Rs.5 lakhs to be paid on or before 27.01.2020 by
transferring the same directly to the account of the petitioner.
(ii) Petitioner shall get the entire repair work/renovation work done on
her own.
(iii) Respondent shall also provide air conditioners for the said flat.
Respondent may purchase/hire new air conditioners for being
provided for the said flat.
(iv) Subject to Respondent No. 3 paying the said amount of Rs. 10 Lakhs
as stipulated hereinabove, Petitioner undertakes to vacate and
handover the peaceful vacant possession of the premises i.e. B-26,
Ministry of External Affairs, Housing Complex, 37-38, Dr.
Radhakrishnan Marg, Chanakyapuri, New Delhi - 110021 to the
respondents on or before 29.02.2020.
(v) Respondent No. 3 undertakes to pay the use and occupation charges
and other expenses in respect of the property No. B-26, Ministry of
External Affairs, Housing Complex, 37-38, Dr. Radhakrishnan
Marg, Chanakyapuri, New Delhi - 110021 till 29.02.2020.
4. Learned counsel for the petitioner, under instructions from the
petitioner, who is present in Court in person, submits that on receipt of the
said amount of Rs.10 lakhs, petitioner shall withdraw the contempt
proceedings initiated before the matrimonial Court and also undertakes to
abide by the Settlement dated 20.11.2018.
5. Parties further undertake that they shall abide by the other terms and
conditions of the Settlement dated 20.11.2018 inter alia filing of the second
motion and payment of the settlement amount.
6. The undertakings are accepted.
7. In view of the above, no coercive action shall be taken against the
petitioner in respect of the premises No.B-26, Ministry of External Affairs,
Housing Complex, 37-38, Dr. Radhakrishnan Marg, Chanakyapuri, New
Delhi - 110021 till 28.02.2020.
8. Petition is, accordingly, disposed of in the above terms.
9. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J.
JANUARY 20, 2020
st
