Delhi High Court
Prabhat Kumar & Anr vs Anil Modi on 22 September, 2020
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22.09.2020
+ CONT.CAS(C) 273/2020
PRABHAT KUMAR & ANR ..... Petitioners
versus
ANIL MODI ..... Respondent
Advocates who appeared in this case:
For the Petitioners: Mr. H.S. Arora, Advocate.
For the Respondent: Mr. Vinam Gupta, Advocate
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CONT.CAS(C) 273/2020 & Review Pet.114/2020 (seeking review
of order dated 08.07.2020)
1. The hearing was conducted through video conferencing.
2. Petitioners filed the subject petition seeking initiation of
proceedings against the respondent for failing to vacate the premises
by 31.03.2020.
3. During the pendency of these proceedings, respondent has
handed over the peaceful vacant possession of the subject premises on
30.08.2020.
Digitally Signed By:KUNAL
MAGGU
Signing Date:23.09.2020 17:46:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. Learned counsel for the petitioners submits that in terms of
order dated 29.08.2019, the question with regard to the rate at which
use and occupation charges were to be payable was to be adjudicated
by the Trial Court.
5. It is directed that the Trial Court shall also consider the rate of
use and occupation charges to be paid by the respondent till
30.08.2020 i.e. the date of vacation.
6. It is submitted by learned counsel for the petitioners that there
is an outstanding electricity bill of Rs.33,000/- and no payment of use
and occupation charges have been made for the month of August 2020
even @ Rs.50,000/-, as directed by order dated 29.08.2020.
7. Learned counsel for the respondent undertakes to clear the
electricity bill up to the date of vacation of the premises and also the
tentative use and occupation charges @ Rs.50,000/-, as fixed by order
dated 29.08.2019 for the month of August, 2020, if not already
deposited/paid.
8. The undertaking is accepted.
9. Learned counsel for the petitioners further submits that at the
time of the vacation of the property certain damages were caused to
the property for which the petitioners have a claim.
Digitally Signed By:KUNAL
MAGGU
Signing Date:23.09.2020 17:46:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
10. Petitioners are permitted to file the claim, if any, with the Trial
Court and the Trial Court while assessing the quantum of use and
occupation charges shall also adjudicate upon the said aspect.
11. Copy of the video recording made by the representative of the
petitioners at the time of the vacation of the premises shall be
provided to learned counsel for the respondent within one week from
today.
12. Respondent has deposited a sum of Rs. 3,00,000/- with the
Registrar General of this Court. On respondent producing proof of
payment of electricity charges and also use and occupation charges @
50,000/- for the month of August 2020, Registry shall refund the said
amount, alongwith interest, if any, accrued thereon to the respondent.
13. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
14. In view of the above, no further orders are called for in the
present petition.
15. Petition is, accordingly, disposed of.
SEPTEMBER 22, 2020 SANJEEV SACHDEVA, J
st
Digitally Signed By:KUNAL
MAGGU
Signing Date:23.09.2020 17:46:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
