Delhi High Court
Pardeep Kumar Singhal & Anr vs Vijai Shri (P) Ltd on 8 January, 2020
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 08.01.2020
RC.REV. 367/2019 & CM APPL. Nos.27253/2019, 43135/2019
PARDEEP KUMAR SINGHAL & ANR ..... Petitioners
versus
VIJAI SHRI (P) LTD ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr.R.K. Gupta, Adv.
For the Respondent: Mr.Amit Sethi, Mr.Amit Bhagat and
Mr.Tarun Sharma, Advs.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioners impugn order dated 22.01.2019, whereby the Leave
to defend application of the petitioner has been dismissed 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 with regard to Shop
no.6, Liberty Cinema Building, 19-B, New Rohtak Road, New Delhi-
110005 more particularly as shown in red colour in the site plan
attached to the eviction petition.
3. Learned counsel for the petitioners under instructions from
petitioner No.1 Mr. Pradeep Kumar Singhal, who is present in court
seeks leave to withdraw the petition.
4. Petitioner No.1 who is present in Court in person, undertakes
that petitioners shall vacate and handover the peaceful vacant
possession of the tenanted premises to the respondent on or before
31.07.2021. Petitioners further undertake that they shall pay use and
occupation charges at the agreed rate of rent besides interest in GST
till the time they hand over the peaceful vacant possession of the
tenanted premises to the respondent on or before 31.07.2021.
5. Petitioners further undertake that they shall clear all water,
electricity and other dues/charges in respect of the tenanted premises
before they vacate the premises. They further undertake that they
shall not sublet, assign or part with the possession of the tenanted
premises or any part thereof. They further undertake that they shall
not cause any damage to the tenanted premises and shall hand over the
possession of the same in the condition as it exists today subject to
normal wear and tear.
6. Learned counsel for the respondent submits that the petitioners
have not paid the rent with effect from 01.10.2010. Learned counsel
for the petitioners submits that rent has been paid and/or deposited
before the Rent Controller under Section 27 of the Delhi Rent Act and
other proceedings and they undertake to furnish the proof of
payment/deposit to counsel for the respondent for the period for
which, rent is neither paid nor deposited, Petitioners undertake to clear
the arrears within two months from today.
7. The undertaking is accepted.
8. Learned counsel for the respondent under instructions from the
respondent submits that the undertaking is also acceptable to the
respondent.
9. In view of the above, the petition is dismissed as withdrawn.
10. Subject to petitioners filing affidavit of undertaking in the
above terms within a period of two weeks from today, execution of
the impugned order dated 22.01.2019 shall remain stayed till
31.07.2021.
11. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J.
JANUARY 08, 2020
neelam
