Delhi High Court
Pankaj Singh vs State(Nct Of Delhi ) And Anr. on 21 January, 2022
$~39
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21.01.2022
+ FAO 266/2021 & CM APPL.43179-80/2021
PANKAJ SINGH ..... Petitioner
versus
STATE(NCT OF DELHI ) AND ANR. .....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Manoj Singh, Advocate along with petitioner in person.
For the Respondent: Mr. Amit Prakash Shahi and Mr. Ranveer Singh, Advocate
along with Mr. Kailash Vadhera, Secretary, East End
Apartments CGHS Ltd.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Appellant impugns order dated 16.11.2021 whereby the
application of the appellant under Order 39 Rule 1 & 2 has been
dismissed.
3. Appellant had filed the subject suit seeking a mandatory
injunction against termination notice dated 31.07.2021 issued by the
respondent.
4. Appellant contends that appellant is a tenant in two shops
Signature Not Verified
FAO 266/2021 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:21.01.2022
Signing Date:22.01.2022 11:07:05 20:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
measuring 55ft x 15ft and 25ft x 30ft. It is contended that the shops
were initially let out to the appellant at the rate of Rs.10,500/- per
month and the rent was subsequently increased to Rs.20,000/- per
month. As per the appellant he is a tenant in the subject properties.
5. This is disputed by the respondents who contend that appellant
was permitted to vend within the colony by bringing a mobile van and
appellant has subsequently constructed a temporary tine shed
unauthorisedly.
6. However, learned counsel for the parties submit that the parties
have settled their disputes. Mr. Pankaj Singh, appellant as also Mr.
Kailash Vadhera, Secretary, East End Apartments CGHS Ltd are
present in person and connected through VC.
7. Mr. Pankaj Singh, the appellant undertakes that appellant shall
vacate and hand over the peaceful vacant possession of the entire
portion in the society in his possession to the respondents on or before
21.05.2022. He further undertakes that he shall not claim any right,
title or interest in any of the portions in the society or claim any right
to vend even through a mobile van in the society.
8. He further undertakes that he shall pay the monthly use and
occupation charges at the rate of Rs.20,000/- per month to the
respondent society till the time he hands over the peaceful vacant
possession of the entire portion in his possession. He further
undertakes that he shall clear the entire water and electricity charges,
directly to the concerned authorities. He further undertakes that he
Signature Not Verified
FAO 266/2021 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:21.01.2022
Signing Date:22.01.2022 11:07:05 20:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
shall not sublet, assign or part with possession of the said portions till
he vacates and hands over peaceful vacant possession to the society.
9. He further undertakes that the additions that he has made by
way of a temporary structure shall be removed by him at the time of
vacating the premises.
10. The undertakings are accepted. Appellant is bound down to his
undertaking. Appellant shall file an affidavit of undertaking within one
week from today on the above lines.
11. Mr. Vadhera submits that the settlement is agreeable to the
Society.
12. The appeal is disposed of in the above terms.
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.
SANJEEV SACHDEVA, J.
JANUARY 21, 2022/rk
Signature Not Verified
FAO 266/2021 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:21.01.2022
Signing Date:22.01.2022 11:07:05 20:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
