Sushil Kumar v. Sadh Prakash Singh

ORDER %

21.06.2013 RFA 286/2013 & C.M.No.9471/2013 (for stay) On 17.6.2013, a limited notice was issued to the respondent limited to a reasonable time being given to the appellantto hand over the peaceful and vacant possession of the suit premises and to relocate his business. Learned counsel for the respondent has entered appearance. Learned counsel for the parties submit that parties have settled the matter. In terms of the settlement, the appellant undertakes to hand over the peaceful and vacant possession of the suit premises on or before 31.10.2013. The appellant undertakes to clear the arrears of rent with effect from 1.9.2012at the rate of Rs.30,000/- per month within one month and future rent/damages for use and occupationat the rate of Rs.30,000/-per month shall be paid to the respondentby the 7* ofeach month till the time ofhandingover ofthe peaceful and vacant possession. The appellant undertakesto regularly continue to pay water and electricitycharges and other user occupation charges to the concernedauthority. The appellantundertakesnot to part with the possessionofthe suit premises or any part thereofto any other person. The above undertakingsgiven to the court today are accepted. The appellantshall file an undertakingin the form of an affidavitin this court withina periodof 10 days from today. Subject to appellant abiding by the above undertaking,respondent ^ agreesto withdrawthe executionpetitionfiledby the respondentin the court of AdditionalRent Controllerand also the claim for damages. In case, the appellant fails to abide by the undertaking,respondent apart from other remedieswill be at libertyto pressthe claimfor damages. The appellantunconditionallywithdrawsthe present petition. The petitionisthus disposedofinthe aboveterms. I A JUNE 21,2013 rb ho-I SANJEEV SACHDEVA, J, (VACATION JUDGE)

V $-24 * IN THE HIGH COURT OF PELHI AT NEW PELHI + RFA 286/2013 SUSHIL KUMAR Appellant Through: Mr.Amit Vohra, Advocate versus SADH PRAKASH SINGH Respondent Through: Mr.Ranjit Singh Chowdharyand Mr.Inderjit Singh, Advocates. CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA