Disposed

Mohan Lal Katyal v. Pooja

Delhi HC13 Nov 2024RC.REV./130/2024

Case brief

AI extract

What is this about?

The court allowed a settlement where the tenant agreed to vacate premises by 31.01.2025. High Court sanctioned the settlement, requiring an undertaking for peaceful possession, utility payments, and stay of earlier eviction order pending compliance.

What did the court decide?

Stayed eviction order subject to filing undertaking; parties to abide by settlement terms for vacating premises and payment of dues.

Mohan Lal Katyal Vs Pooja — Landlord and Tenant | Delhi HC (2024)

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$~75

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RC.REV. 130/2024, CM APPL. 27201/2024 & CM APPL. 62531/2024

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MOHAN LAL KATYAL .....Petitioner Through: Mr. V.K. Sharma, Advocate. versus POOJA .....Respondent Through: Mr. Satish Sharma, Advocate.

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CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

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O R D E R

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% 13.11.2024

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Mr. Ganish Katyal, a legal representative of the Petitioner appears through video conferencing.

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The Respondent also appears through video conferencing.

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Learned Counsel for the parties submit that the parties have reached a settlement that Petitioner shall vacate the premises i.e. Shop No. 9 and 10 on ground floor of Property bearing No. A-4/27, Krishna Nagar, Delhi-110051 [hereinafter referred to as “subject Premises”] on or before 31.01.2025.

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During the interregnum period, the payment which has been deposited by the Petitioner/tenant before the learned Trial Court shall be withdrawn and deposited in the bank account of the Respondent/landlord within two weeks by the Petitioner/tenant.

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4.1 For this purpose, the details of the bank account shall be provided by the learned Counsel for the Respondent/landlord to the learned Counsel for the Petitioner/tenant on his email address within two days.

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In consideration of the aforegoing, the Respondent/landlord agrees to forego monthly user charges.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 14:11:14

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Let an Undertaking by way of an Affidavit be filed by the Petitioner/tenant, within a period of three weeks undertaking that:

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(i) The vacant, physical and peaceful possession of the subject Premises will be handed over by the Petitioner/tenant to the Respondent/landlord on or before 31.01.2025;

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(ii) The Petitioner/tenant undertakes and confirms that the entire subject Premises are under their occupation and control;

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(iii) The Petitioner/tenant 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;

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(iv) The Petitioner/tenant 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;

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(v) The Petitioner/tenant shall remain bound by the aforesaid Undertaking.

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An advance copy of the Undertaking shall be served on the Respondent/landlord.

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Subject to the Petitioner/tenant filing the aforegoing Undertaking before this Court within two weeks from today, execution of order dated 08.12.2023 passed in RC ARC 8/2020 [hereinafter referred to as the "Eviction Order"] shall remain stayed.

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In the event that the Petitioner/tenant defaults in complying with the terms of the Undertaking filed, the interim protection granted hereinabove shall automatically stand dissolved and Respondent/landlord will be at liberty to take recourse to appropriate proceedings for recovery of

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 14:11:14

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possession and for recovery of the use and occupation charges from the Petitioner/tenant at market rate the period from the date of the Eviction Order, in accordance with law.

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Accordingly, the Petition and all pending Applications stands disposed of in terms of the settlement above between the parties.

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Both parties undertake to abide by the terms of the settlement entered into before the Court.

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List for compliance on 10.12.2024.

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TARA VITASTA GANJU, J

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NOVEMBER 13, 2024/ ha Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 14:11:14

Mohan Lal Katyal v. Pooja

Case brief

What is this about?

What did the court decide?

Mohan Lal Katyal v. Pooja

Case brief

What is this about?

What did the court decide?

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