Disposed

Sh. Nitin Jain v. Sh. Nitin Sharma

Delhi HC12 Feb 2024RFA(COMM)/49/2024

Case brief

AI extract

What is this about?

Regular first appeal against a judgment and decree dated 28.11.2023 concerning occupation of a subject property was disposed of by consent: appellant to vacate by 30.11.2024, pay rent arrears and occupation charges at Rs.75,000 per month in instalments, execution petition closed, decree modified accordingly.

What did the court decide?

Appeal disposed by consented terms: vacate by 30.11.2024, pay arrears/occupation charges of Rs.75,000/month in instalments, execution petition closed, decree modified, affidavit undertaking.

Sh. Nitin Jain Vs Sh. Nitin Sharma — Execution and Attachment | Delhi HC (2024)

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$~37

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 12.02.2024

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+ RFA(COMM) 49/2024

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SH. NITIN JAIN ..... Appellant Through: Mr Amit Gupta with Mr Kamal Garg, Mr Shiv Verma and Ms Muskan Nagpal, Advs.

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versus

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SH. NITIN SHARMA ..... Respondent Through: Mr Karandeep Singh Rekhi with Mr Jai Vardhan, Mr Parv Garg and Mr Ritesh Kumar Singh, Advs.

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CORAM:

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HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

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

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RAJIV SHAKDHER, J. (ORAL):

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CM Appl.8400/2024

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Allowed, subject to just exceptions.

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RFA(COMM) 49/2024 & CM Appl.8399/2024

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This appeal is directed against the judgment and decree dated 28.11.2023.

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We have heard Mr Amit Gupta, learned counsel, who appears on behalf of the appellant, at some length.

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3.1 We have also heard the learned counsel for the respondent i.e. Mr Karandeep Singh Rekhi.

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Signature Not Verified

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RFA(COMM)No.49/2024 Page 1 of 3

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Digitally Signed By:ATUL JAIN Signing Date: 13.0 2.2024 16:23:33

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To be noted, the appellant and the respondent are also physically present in the court.

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Counsel for the parties, after some arguments, on the instructions of their respective clients, agree that the appeal can be finally disposed of based on the following terms and conditions:

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(i) The subject property will be vacated by the appellant on or before 30.11.2024.

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(ii) 50% of the arrears towards rent commencing from August 2022 will be paid at the rate of Rs.75,000/- per month, on or before 31.03.2024.

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(iii) Remaining amount i.e., balance 50% of the rent will be paid at the rate given above, i.e., Rs.75,000/- per month, on or before 30.04.2024.

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(iv) Insofar as occupation charges for the current month i.e., February 2024 is concerned, the same will be paid within one week i.e., on or before 19.02.2024. Occupation charges for the current month will run at the rate of Rs.75,000/- per month.

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(v) The execution petition i.e. Ex. Pet.24/2024, instituted by the respondent shall stand closed.

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(vi) The impugned judgment and decree is modified to the aforesaid extent.

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(vii) The appellant will file an undertaking with this Court by way of an affidavit, which would inter alia state that he will abide by the terms and conditions stipulated hereinabove.

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Signature Not Verified

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RFA(COMM)No.49/2024 Page 2 of 3

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Digitally Signed By:ATUL JAIN Signing Date: 13.0 2.2024 16:23:33

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The appeal is disposed of in the aforesaid terms.

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Parties will act based on the digitally signed copy of the order.

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RAJIV SHAKDHER, J

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AMIT BANSAL, J

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FEBRUARY 12, 2024 /pmc

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Signature Not Verified

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RFA(COMM)No.49/2024 Page 3 of 3

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Digitally Signed By:ATUL JAIN Signing Date: 13.0 2.2024 16:23:33

Sh. Nitin Jain v. Sh. Nitin Sharma

Case brief

What is this about?

What did the court decide?

Sh. Nitin Jain v. Sh. Nitin Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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