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High Court of DelhiW.P.(C)/12500/2019

Bobby Luthra Sinha v. Union Of Indian & ORS

2020-01-20Hon'Ble Mr. Justice Sanjeev Sachdeva3 pages

$~65 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BOBBY LUTHRA SINHA ..... Petitioner Through Ms.

Nalavika Rajkotia and Mr.

Rama Kant Sharma, Advocates with petitioner in person.

versus UNION OF INDIAN & ORS ..... Respondents Through Ms. Radhima Gaur, GP for R-1 Mr. Sumeher Bajaj and Mr. Bharat Arora, Advocates for R-3

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 04.03.2020 CM APPL.8808/2020 (Extension of time for vacating the premises) 1.

By this petition, petitioner seeks extension of two months' time for vacating the premises bearing No. B-26, Ministry of External Affairs, Housing Complex, 37-38, Dr.

Radhakrishnan Marg, Chanakyapuri, New Delhi - 110021.

2.

It is contended that after the petition was disposed of by order dated 20.01.2020, petitioner commenced renovation/repair work in Flat No.701, Tower 6, Parsavnath Prestige II, Sector - 93A, Noida and during renovation she became aware of the resolution of the General Body of Srishti Residents Welfare Association, where the flat

is situated, wherein they have required all the flat owners to replace the GI pipes with CPVC in bathrooms and kitchen failing which water supply would be stopped to protect damage to the other flat owners due to seepage and leakage and since the petitioner was getting the repair work done and now GI pipes are also to be replaced for which further time is required and accordingly she prays for two months' further time for vacating the subject flat at Chanakyapuri. 3.

Learned counsel for the respondents under instructions from the respondents submits that respondent is willing for the same and shall pay the damage charges for the said two months. He submits that petitioner should in the meantime jointly file the second motion in terms of the settlement agreement dated 20.10.2018. 4.

Petitioner who is present in person consents to the same and submits that she is willing to appear before the concerned court on 26.03.2020 for recording of her statement for the second motion in terms of settlement agreement dated 20.10.2018. 5.

In view of the above, the application is disposed of and the time granted to the petitioner to vacate the premises is extended till 30.04.2020. The petitioner shall file a fresh undertaking that she shall vacate and hand over peaceful vacant possession of the subject flat to the Government on or before 30.04.2020.

6.

In view of the above, no coercive action shall be taken against the petitioner in respect of the premises bearing no. B-26, Ministry of External Affairs, Housing Complex, 37-38, Dr. Radhakrishnan Marg,

Chanakyapuri, New Delhi - 110021 till 30.04.2020. 7.

The application is disposed of in the above terms. 8.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 04, 2020 'rs'