Delhi High Court
Kailash vs Rohtash Kumar on 20 February, 2025
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 20.02.2025
+ RC.REV. 269/2024 & CM APPL. 58148/2024
KAILASH .....Petitioner
Through: Mr. Ajay Kohli & Ms. Dipika Prasad,
Advocates with Petitioner in person.
versus
ROHTASH KUMAR .....Respondent
Through: Mr. Rajesh Sharma, Advocate with
Respondent in person.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.: (Oral)
1. The Petitioner and Respondent are physically present in Court today.
2. Learned Counsel for the parties submit that the parties have amicably
reached an amicable resolution with respect to their inter se disputes.
3. Learned Counsel for the Petitioner, on instructions, submits that the
Petitioner need additional time of six months to vacate the tenanted premises
up to 20.08.2025.
4. Learned Counsel for the Respondent, on instructions from the
Respondent, submits that this offer is acceptable to the Respondent. In lieu
of the early vacation of the tenanted premises, the learned Counsel for the
Respondent, on instructions from the Respondent, submits that the
Respondent agrees to forego all claims for user charges and damages.
5. In view thereof, let an Undertaking by way of an Affidavit be filed by
the Petitioner, within a week undertaking that:
(i) The Petitioner shall hand over the physical possession of the premises
i.e., shop no. 38/16, Khanpur Ext., Main M.B. Road, New Delhi [hereinafter
referred to as "subject premises"];
(ii) The vacant, physical and peaceful possession of the subject premises
will be handed over by the Petitioner to the Respondent on or before
20.08.2025;
(iii) The Petitioner undertakes and confirms that the entire subject
premises is under his occupation and control;
(iv) The Petitioner will pay all the utility bills such as electricity and water
and any other dues, for the subject premises till the date of handing over of
the vacant, physical and peaceful possession thereof;
(v) The Petitioner undertakes that they will not create any third-party
rights or part with possession of the subject premises and that they shall not
damage the subject premises in any manner whatsoever prior to its vacation;
(vi) The Petitioner shall remain bound by the aforesaid Undertaking.
6. An advance copy of the Undertaking shall be served on the
Respondent.
7. Subject to the Petitioner filing the aforesaid Undertaking before this
Court within a week from today, execution of order/judgment dated
17.05.2024 passed in RC ARC 12/2022 [hereinafter referred to as the
"Eviction Order"] shall remain stayed till 20.08.2025.
8. In the event that the Petitioner defaults in complying with the terms of
the Undertaking filed, the interim protection granted hereinabove shall
automatically stand dissolved and Respondent will be at liberty to take
recourse to appropriate proceedings for recovery of possession and for
recovery of the use and occupation charges from the Petitioner at market
rate for the period from the date of the Eviction Order, in accordance with
law.
9. The Petition is accordingly disposed of. The pending Application also
stands closed.
10. List the matter for compliance on 18.03.2025 in the Supplementary
List.
11 The parties shall act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J
FEBRUARY 20, 2025/ ha
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