Ms Preeti vs Ms Mamta & Anr.
2024 Latest Caselaw 1263 Del

Delhi High Court

Ms Preeti vs Ms Mamta & Anr. on 14 February, 2024

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

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                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CM(M) 1180/2023
                                 MS PREETI                                   ..... Petitioner
                                                 Through: Mr. Harshit Jain, Mr. Siddharth Joshi,
                                                          Mr. Shubham Singh, Advocates with
                                                          Petitioner and R-2 in person

                                                      versus

                                 MS MAMTA & ANR.                                  ..... Respondents
                                             Through:           Mr. Sanjeev Sagar and Mr. Ronak
                                                                Gupta, Advocates for R-1

                                                                 Date of decision: 14th February, 2024
                          %
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                            JUDGMENT

MANMEET PRITAM SINGH ARORA, J (ORAL):

1. The learned counsel for the Respondent No. 1 states on instructions that in view of the undertaking of vacation of premises given by Petitioner and Respondent No. 2, the Petitioner has no objection to the modification of the consent order dated 05th December, 2023, so as to limit the obligation of the Petitioner to pay use and occupation charges at Rs. 15,000/- w.e.f. 01st May, 2023.

2. Accordingly, the CM APPL. 1432/2024 stands disposed of in terms of the order passed therein.

CM(M) 1180/2023

3. The affidavit-cum-undertaking of the Petitioner as well as Respondent

No.2 has been placed on record. The said undertaking is accepted and the Petitioner and Respondent No. 2 are bound down to the same.

4. The Petitioner and Respondent No. 2 state that the present petition be disposed of in terms of the said undertaking; as the Petitioner and Respondent No. 2 have accepted the eviction order passed by judgment dated 23rd May, 2023.

5. The Petitioner and Respondent No. 2 further undertake that they will clear all electricity dues for premises bearing no. 1/6826, East Rohtas Nagar, Main Road, Shahdara, Delhi-110032 ('tenanted premises') on or before 31st March, 2024.

6. The Petitioner and Respondent No. 2 are directed to hand-over the peaceful and vacant possession of the tenanted premises to Respondent No. 1, Ms. Mamata on or before 31st March, 2024 or her duly authorized representative.

7. It is directed that in case of violation of the undertaking given to this Court, the entire payment of use and occupation charges from the w.e.f. 11th October, 2018 as per order dated 05th December, 2023 shall become due and payable. The Respondent No. 1 will be entitled to seek recovery of the said use and occupation charges and possession of the tenanted premises through execution.

8. With the aforesaid direction, the present petition along with applications stand disposed of.

MANMEET PRITAM SINGH ARORA, J FEBRUARY 14, 2024/hp