Delhi-05 vs Mr. Ved Prakash
2021 Latest Caselaw 4138 HP

                                 1

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 25th DAY OF AUGUST, 2021

                             BEFORE




                                                               .

           HON'BLE MR. JUSTICE AJAY MOHAN GOEL





                  CIVIL SUIT No. 77 of 2021
     Between:-
     M/S    AERO   CLUB,    A





     PARTNERSHIP         FIRM,
     THROUGH      AUTHORIZED
     SIGNATORY   MRS.  GEETA
     MOHANTY, W/O MR. AMITAB
     MOHANTY, AGE ABOUT 45

     YEARS.

     WITH      ITS REGISTERED
     OFFICE: 2168, GURUDRAWA
     ROAD, KAROL BAGH, NEW


     DELHI-05.

                                                         ...PLAINTIFF
     (BY MS. SHRADHA KAROL, ADVOCATE)




     MS. GEETA MOHANTI, IS PRESENT IN PERSON.





     AND





1.   MR. VED PRAKASH, S/O LATE
     SH.     RAM    SARUP   AGE
     UNKNOWN TO PLAINTIFF
     R/O HOTEL SITARA REGENCY,
     35, SANJAULI BYPASS ROAD,
     MAIN      BAZAR,   HOUSING
     BOARD COLONY, SANJAULI,
     SHIMLA, HIMACHAL PRADESH-
     171006.
     ALSO AT SAWAN NIWAS,
     TUNNEL     VIEW,  SANJOULI,
     SHIMLA-06




                                              ::: Downloaded on - 31/01/2022 22:56:55 :::CIS
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                                                 ...DEFENDANT NO. 1


2.    MR. KRISHAN KUMAR, S/O
      LATE SH. RAM SARUP, AGE




                                                                   .
      UNKNOWN TO PLAINTIFF.





      R/O      HOTEL       SITARA
      REGENCY,35,        SANJAULI
      BYPASS ROAD, MAIN BAZAR,





      HOUSING BOARD COLONY,
      SANJAULI, SHIMLA, HIMACHAL
      PRADESH-171006.
      ALSO AT SAWAN NIWAS,
      TUNNEL    VIEW,   SANJOULI,




      SHIMLA-06
                                                ....DEFENDANT NO. 2

    (SHRI    NEERAJ      GUPTA,    SENIOR

    ADVOCATE, WITH M/S AJEET JASWAL &

    PRANJAL MUNJAL, ADVOCATES)
__________________________________________________

      This suit coming on for orders this day, the Court passed the


following:

                                JUDGMENT

CIVIL SUIT No. 77 of 2021 & ORIGINAL MISC. PETITION No. 386 of 2021

A joint application has been filed under Order 23, Rule 3 read

with Section 151 of the Code of Civil Procedure in the Court itself. The same

is ordered to be taken on record. Registry is directed to register the same.

2. Learned counsel appearing for the parties inform the Court that

the subject matter of the suit now stands amicably settled between the

parties, as compromised between them in the following terms:

"2(a) That plaintiff-applicant has agreed and acknowledged that after adjusting security of Rs.5,00,000/- lying with defendants-applicants, a

.

sum of Rs.14,70,139/- (Rupees Fourteen Lacs

Seventy Thousand One Hundred Thirty Nine) only in lumpsum is payable by plaintiff-applicant to

defendants-applicants on account of arrears of rent computed upto 31.07.2021, which amount has been agreed and undertaken to be paid by plaintiff-

applicant in favour of defendants-applicants in equal shares by way of two Pay Orders dated 19.08.2021 drawn upon Axis Bank, Karol Bagh, New Delhi for

Rs.6,62,025/- respectively (Rupees Six Lakh Sixty-

Two Thousand and Twenty-Five Only) that shall be handed over in Court on the next date of hearing i.e., 25.08.2021. Upon payment of the aforesaid

amount, nothing shall remain payable by plaintiff- applicant towards defendants-applicants and the

entire claim of defendants-applicants regarding arrears of rent shall stand satisfied. Defendants-

applicants have already raised formal bill/invoices in respect of the aforesaid amount against which the

payment has been made vide the above-mentioned drafts.

(b) That defendants-applicants have agreed to accord free access to the officials, workers, labourers and or any other authorized person of plaintiff-applicant to enter the suit premises, in order to facilitate plaintiff-applicant to remove the articles/machinery lying in the suit premises, as

detailed in para 25 of the plaint. Plaintiff-applicant shall be at liberty to start removing the articles/machinery w.e.f. 11.08.2021 and in every

.

eventuality shall handover the vacant and peaceful

possession of the premises to defendants-applicants by or before 31.08.2021.

(c) That it is mutually agreed between the parties that since the parties have arrived at a lawful compromise whereby and whereunder plaintiff-

applicant is surrendering vacant and peaceful possession of the suit property/premises in favour of defendants-applicants, the tenancy of plaintiff-

applicant shall stand terminated with effect from

31.08.2021 for all intents and purposes. Defendants- applicants have agreed to forego rent for the month of August, 2021 and shall not demand or claim any

other amount from the plaintiff-applicant in this regard save and except the aforesaid agreed

outstanding amount as mentioned in clause(a) above.

(d) That since the plaintiff-applicant has agreed to surrender tenancy by vacating the suit

premises and defendants-applicants have also foregone substantial amount towards arrears of rent, thus plaintiff-applicant has agreed to forego its entire claim made in the suit for recovery of the amount on account of damages sustained by it.

(e) That plaintiff-applicant shall pay/clear all the outstanding taxes payable to the Authorities, clear off all the dues in respect of electricity

consumption charges, water charges and other taxes or any other amount claimed by the Authorities uptill 31.08.2021 on and from 01.09.2021 plaintiff

.

shall not be liable to pay the dues, taxes etc. to the

Authorities for which, rather defendants shall bear the liabilities. It has been mutually agreed between

the parties that after surrendering of possession by plaintiff, in case No Objection Certificate(s), Letter(s), Affidavit(s) or any other document(s) would

be required by defendants-applicants to be submitted to the Authorities for beneficial enjoyment of the property by defendants-applicants or for

letting out the same in favour of third person,

plaintiff-applicant shall do the needful upon a written request to be made by defendants-applicants in that regard certifying the purposes for which the

document(s) is/are required. Plaintiff-applicant has agreed and undertaken to cooperate with

defendants-applicants in this regard for doing the needful.

(f) That plaintiff-applicant agrees and undertakes not to cause any damage to the property

of defendants-applicants while removing the machinery/articles from the premises in question and or vacating the premises in any manner whatsoever. The movable articles shall be taken out with utmost care and caution so as not to cause any damage to the property in any manner. The articles fixed/embedded within the premises shall also be removed/de-installed without damaging the property

in question. In case, any damage is caused to the property of defendants-applicants, the same shall be duly notified by defendants-applicants to plaintiff-

.

applicant, who in turn has agreed to rectify the

damage(s) at the earliest.

(g) That plaintiff-applicant shall not in any

manner whatsoever remove any internal fittings however, shall be at liberty to remove its water tank(s) and also external fire hydrant pipes installed

by it in the premises. While removing external fire hydrant pipes or any other fittings externally located, plaintiff-applicant shall exercise due care and caution."

3. The terms of the compromise, which are contained in the

application shall form part of the record and the suit is disposed of in terms

of the settlement. Registry is directed to refund the Court Fee to the plaintiff,

in accordance with Rules. Pending Miscellaneous applications, if any, also

stand disposed of.

(Ajay Mohan Goel) Judge

August 25, 2021 (bhupender)