Dismissed

M/S Rajouri Garden Resident Club (Regd.) v. Kishan Kishore Tandon and Son (Huf)

Delhi HC14 Aug 2024RFA(COMM)/329/2024

Case brief

AI extract

What is this about?

The High Court of Delhi modified a decree and dismissed the appeal based on a settlement between the parties regarding the quantification of arrears of rent, mesne profits, interest, and security deposit refund.

What did the court decide?

Decree modified for arrears of rent and mesne profits; court fees refunded to appellant; costs awarded to respondent.

M/S Rajouri Garden Resident Club (Regd.) Vs Kishan Kishore… — Property and Title | Delhi HC (2024)

¶1

$~33

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- RFA(COMM) 329/2024 & CM APPL. 46885-46887/2024

¶4

M/S RAJOURI GARDEN RESIDENT CLUB (REGD.) .....Appellant Through: Mr Vipin Nandwani, Adv.

¶5

versus

¶6

KISHAN KISHORE TANDON AND SON (HUF) .....Respondent Through: Mr Rajeev Aggarwal, Mr Ankit Gupta and Mr Shubham Goel, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 14.08.2024

¶7

[Physical Hearing/Hybrid Hearing (as per request)]

¶8

After we had heard the learned counsel for the parties for some time, it was suggested that a settlement could be arrived at with regard to the quantification of arrears of rent, mesne profits and interests.

¶9

1.1 Accordingly, the matter was passed over for the counsel to obtain instructions.

¶10

The counsel have obtained instructions.

¶11

Resultantly, as agreed, the impugned judgment and decree is modified as follows:-

¶12

i. A decree will issue concerning arrears of rent accumulated till 30.04.2019, for Rs.25,27,362/-.

¶13

ii. Damages and mesne profits will be quantified as follows: - RFA(COMM) 329/2024 Page 1 of 2

¶14

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 21/08/2024 at 15:16:15

¶15

a. For the period spanning between 01.05.2019 and 31.05.2021 [i.e., 25 months], it will be paid at the rate of Rs.1,03,056/per month.

¶16

b. For the period obtaining between 01.06.2021 and 09.04.2024 [i.e., 34 months], it will be paid at the rate of Rs.1,18,514/per month.

¶17

iii. Pendente lite and future interest will be paid to the respondent, at the rate of 9% [simple interest] per annum till the date of actual realization of arrears of rent and damages/ mesne profits.

¶18

iv. In addition to the amounts indicated above, Rs.5,00,000/- will be paid, which will not carry the interest as indicated in para 4(iii) above. Rs.5,00,000/- will be paid within the next four (04) weeks failing which, the amount will carry interest at the rate of 9% p er annum.

¶19

v. The costs incurred in prosecuting the suit, as determined by the Taxing Officer, shall be paid to the respondent.

¶20

The appeal is disposed of in the aforesaid terms.

¶21

In view of the fact that the appellant has arrived at a settlement in the matter, the Registry will refund the court fee paid by the appellant qua the appeal.

¶22

The Registry will also prepare a decree sheet as per the terms of the settlement arrived at between the parties, as indicated above.

¶23

RAJIV SHAKDHER, J

¶24

AMIT BANSAL, J

¶25

AUGUST 14, 2024 /ds

¶26

Click here to check corrigendum, if any

¶27

RFA(COMM) 329/2024

¶28

Page 2 of 2

¶29

M/S Rajouri Garden Resident Club (Regd.) v. Kishan Kishore Tandon and Son (Huf)

Case brief

What is this about?

What did the court decide?

M/S Rajouri Garden Resident Club (Regd.) v. Kishan Kishore Tandon and Son (Huf)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Op Sons Traders Pvt. Ltd. Vs Tilak Raj

Prashant Kumar Sinha Vs Indian Statistical Institute & Ors.

Raghubir Saran and Sons Vs Rpg International & Ors.

Nagpal Fabrics Pvt. Ltd. Vs Sh. Rajeev Gulati & Anr.

Rabir Jaglan @ Rajvir Singh Jaglan Vs Krishan Mangal

Padamshree Creation Pvt. Ltd. Vs Sheetal Sarees and Anr.

Mr Ankit Garg Vs Mr Narender

Modern Cotton Yarn Spinner Ltd. Vs M/S Mis Sharman Udyog Pvt. Ltd.

Uzair Khan Vs Nike Innovate Cv & Anr.

Cec-Cici Jv & Ors. & Ors. Vs Oriental Insurance Co. Ltd. & Anr.

Ruchi Wadhawan Vs Amit Wali

Daljeet Singh Bhatia Vs M/S Karamsar Electronics Pvt.Limited

Anuradha Kashyap Vs Dr Sushil Kumar

Usha Rani Vs Kishore Kumar