Shri Kesar Dass Arora Vs Shri Vijay Shanker & Ors.

Learned Counsel for the Petitioner, on instructions from the Petitioner, submits that the Petitioner needs additional time upto 01.03.2026 to vacate the tenanted premises.

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Learned Counsel for the Respondent, on instructions from the Respondents, submits that the Respondent is agreeable to allow time up to 01.03.2026, subject to the Petitioner paying user and occupation charges in the sum of Rs. 25,000/- per month, till the vacation of the subject premises to the Respondent.

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Learned Counsel for the Petitioner submits that this is acceptable to the Petitioner.

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Signature Not Verified

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RC.REV. 28/2025

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Digitally Signed By:GEETA JOSHI Signing Da te:0 8.03.2025 19:01:33

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In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioner, within a period of one week undertaking that:

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(i) The Petitioner shall hand over the vacant physical possession of the premises i.e., one shop bearing No.37/14, Vijay Market, Main Bazar, Paharganj, New Delhi-110055 as shown in red colour in the site plan annexed with the Eviction Petition [hereinafter referred to as “subject premises”];

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(ii) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioner to the Respondent on or before 01.03.2026;

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(iii) The user and occupation charges from 29.01.2025 onwards shall be paid by the Petitioner in the sum of Rs.25,000/- per month till the date of handing over of the vacant, physical and peaceful possession;

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(iv) The user and occupation charges from 29.01.2025 to 28.02.2025 shall be paid by the Petitioner in the sum of Rs.25,000/- on or before 15.04.2025. (v) The user and occupation charges for the months of March, 2025 shall be paid by the Petitioner in the sum of Rs.25,000/- on or before 15.03.2025; (vi) The payment of user and occupation charges from 01.04.2025 onwards shall be paid by the Petitioner at the rate of Rs.25,000/- per month on or before 7^th day of each calendar month;

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(vii) The Petitioner undertakes and confirms that the entire subject premises is under his occupation and control;

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(viii) 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

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Signature Not Verified

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RC.REV. 28/2025

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Digitally Signed By:GEETA JOSHI Signing Da te:0 8.03.2025 19:01:33

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the vacant, physical and peaceful possession thereof;

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(ix) The Petitioner undertakes that he will not create any third-party rights or part with possession of the subject premises and that he shall not damage the subject premises in any manner whatsoever prior to its vacation;

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(x) The Petitioner shall remain bound by the Undertaking.

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An advance copy of the Undertaking shall be served on the Respondents.

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All payments shall be made into the bank account of the Respondent. The details of the bank account shall be provided by the learned Counsel for the Respondent to the learned Counsel for the Petitioner on his email address within two days.

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Learned Counsel for the Respondent/landlord submits that the property tax for the subject premises has not been paid for the last several years. The Respondent/landlord is at liberty to take appropriate steps in accordance with law.

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Subject to the Petitioner filing the aforesaid Undertaking before this Court within one week from today, execution of order dated 27.07.2024 passed in RC/ARC No.148/2021 captioned Sh. Vijay Shankar v. Sh. Kesar Dass Arora & Others [hereinafter referred to as the “Eviction Order”] shall remain stayed till 01.03.2026.

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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, recovery of

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Signature Not Verified

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RC.REV. 28/2025

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Digitally Signed By:GEETA JOSHI Signing Da te:0 8.03.2025 19:01:33

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arrears and for recovery of the full user charges/damages from the Petitioner at market rate for the period from the date of the Eviction Order, in accordance with law.

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