Khatau Makanji Spinning & Weaving Co Ltd v. Punjab National Bank & Ors

ORDER

11.10.20L2 Tlrese inh'a court appeals impugn the comlnon order dated 30tl' July, 2012 of the learned Single Judge disrnissing VIP(C) Nos. 269112010, 292212010, 292s/2010, 3025/2010, 302612010, 302912010, 302912010, 303112010, 303212010 respectively prefeued by the appellants. The said writ petitions were preferred irnpugning the comrnon order dated 26tl' March,2OI0 of the LPA.676/12, 677/12, 682/12, 693/12, 684/1 2, 695/12 i^ a District Judge exercising powers as an appellate authority under the Public Prernises (Eviction of Unauthorized Occupants) Act, 1971 disrnissing the appeals pleferred by the appellants against the orders of fte Estate Officer of their eviction fi'orn the plernises in their respective occupation in the Punjab National Bank Building, A.ya Sarnaj Road, I(arol Bagh, New Dethi belonging to the respondent Bank.

¶2After solne healing, flre counsel for flre appellants undel instructions fi'orn the partners/proprietors of each of the appellants statecl to be present in Court states that the appellants do not want to press the present appeals and do not watlt to pursue any filther the challenge to the orders of their respective eviction ancl only seek six rnonths tirne. fi'orn today to vacate the prernises in their respectirre possession.

¶3The counsel for the respondent Bank who appeil's on advance notice has been heard on the afor-esaid aspect. 4' Considering the fact that the appellants have been in possession of their respective premises for long and are giving up the challenge to the orders of their eviction and frrrther considering the short tirne of six rnonths sought by thern and also their willingness to furnish undertaking to this Court in this respect, it is deernecl expedient to grant the said tirne of six n LPA.676/1 2, 677/1 2, 692/1 2, 683/1 2, 684/12, 685/12 Pttge 3. of 5 , I months to the appellants.

¶5The proprietors/partners of each of the appellants present in Court tluough theirAdvocate undertake to tliis Court as under: a. That they are in possession and conh'ol of their respective premises and are as such in a position to give the undertaking to this Court; . b. To deliver vacant peaceful physical possession of the prernises in their respective possession to the respondent Bank on 01'before the expiry of six rnonths florn today; c. To not seek extension of the said tirne for any reason whatsoever; d. To not induct any oflrer person into use or occupation or possession of the premises; e. To not pursue the challenge to the orders of theil respective eviction any fiuther.

¶6The counsel for the appellants has fuither confinned that the partners/proprietors of the appellants present in Court ale authorised to give the aforesaid undertaking. He has further assured that he will on or before 15tr'October,2012 file affidavits, with advance copy to the counsel for the respondent, of the partners/proprietors of the appellants in this Court, also ? LPA.676/12, 677/12, 682/12, 683/12, 684/12, 685/12 L -l v containing the undertaking ah.eady given as aforesaid.

¶7The undertaking aforesaid of each. of the appellants are accepted and they are ordered to be bound by thg salne. The appellants have been infonned the consequences of breach of undertaking given to this court.

¶8The appeals are accordingly dismissed as withdrawn, however giving six lnonths tirne fi'otn today to the appellants to vacate the prernises in their respective occupation. and by binding the appellants to the undertaking aforesaid. No costs. \ .x\N, u-/ CHIEF JUSTTCN I ocToBER 11,20t2 M LPA.676/1 2, 677/12, 692/12, 683/12, 694/12, 685/12 RAJIV SAHAI ENDLAW. J Puge 5 of 5

I.01 1/ Y $-4,5,8-11 hhLHIATeNEWehELHI.eOie*e I{IGHeCOURTeINeTHEe r7s6712012&eCM'Noe+e WAe676120t2e 'e ePPtffuotooe STYLEeCRAiTSe VEISUS RrwESrPvOvN'dvENTSoo'e r.TeATTONAI,eBANKe&eORSeBANeNATIONALePUNJABe 1756912012&eCM'Noe'e+e LPAe67712012e LThCOe&eWEAVINGeSPINNINGe MAKANJIeKHATAUe APPellant.....e C VEISUS RespondentORSe oo'eBANI(e&e NATIONALePUNJABe 17588120t2&eCM'Noe+e LPAe68212012e 'e APPEIIANToo'e iAIRehEALSe versus Respondents&eORSe oo'eBANKe NATIONALePUNJABe 17s90120I2683/20t2e&eCM'Noe'e+e LPAe to LThCOe&eWEAVINGeSPINNINGe MAKANJIeKHATAURe .....eAPPellant \tersus ....'eRESPONdENTSBANKe&eORSeNATIONALe PUNJABe 5Pugee1eofe 684/12,e685/12682/12,e 683/1e2,e2,e677/1e2,eLPA.676/1e : t v{ LPA 684/2012 & CM.No. t7s92/2012 STYLE CRAFTS versus PUNJAB NATIONAL BANK & ORS LPA 68s/2012 & CM.No. 17594/2012 USHA NANDA versus PUNJAB NATIONAL BANK & ORS ..... Appellant ..... Respondents ..... Appellant I ..... Respondents Present: Mr. S.K. Chaudharyr, Adv. for the Appellants. Mr..Y.P. Chandana, Adv. for Punjab National Bank. Mr. Arnlit Pal Singh, CGSC for Respondent No.3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLN, MR. JUSTICE RAJIV SAIIAI ENDLAW