M/S Annapurna Bhandar v. Sunita Gupta
Case brief
What is this about?
Settlement-based disposal of commercial first appeal; Order XIII A summary decree for possession (Commercial Courts Act, 2015) challenged under Section 96/Order XLI CPC; tenant/partner firm to vacate Chandni Chowk shop by 31.12.2025; waiver of rent arrears and mesne profits; no sub-letting, alteration or monetary claims pending vacation; affidavits of undertaking by five partners within two weeks; execution and contempt reserved on breach; Delhi High Court order dated 11.02.2025 in RFA(COMM) 82/2025.
What did the court decide?
Appeal and accompanying applications disposed of in terms of settlement: appellant M/s Annapurna Bhandar to vacate property No.1463, Fountain Chowk, Main Road, Chandni Chowk, Delhi and hand over peaceful vacant possession to respondent on or before 31.12.2025; appellant acknowledges respondent's ownership and waives all monetary claims; respondent waives arrears of rent and mesne profits till 31.12.2025; no sub-letting, assignment, parting with possession or material alterations meanwhile; affidavits of undertaking of all five partners to be filed within two weeks; subject to compliance the impugned judgment ceases to be enforceable, failing which respondent may execute the decree and pursue contempt against all five partners.