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High Court of DelhiRC.REV./82/2024

Sh. Sanjay Kumar v. Sh. Daya Krishan Dutta

2024-05-24Hon'Ble Mr. Justice Girish Kathpalia2 pages

$~14 & 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 82/2024 SH. SANJAY KUMAR ..... Petitioner Through:

Mr. Nitin Yadav, Advocate.

versus SH. DAYA KRISHAN DUTTA ..... Respondent Through:

Ms. S. Dewan and Mr. Prabhat Rangan Tiwari, Advocates.

+ RC.REV. 83/2024 SH. SATBIR SINGH ..... Petitioner Through:

Mr. Nitin Yadav, Advocate.

versus SH. DAYA KRISHAN DUTTA & ANR.

..... Respondents Through:

Ms. S. Dewan and Mr. Prabhat Rangan Tiwari, Advocates

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 24.05.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 16693/2024 (stay) in RC.REV. 82/2024 CM APPL. 16753/2024 (stay) in RC.REV. 83/2024 1.

In the first call, after part submissions, pass over was requested by learned counsel for both sides to take instructions. 2.

In this call, it is submitted by learned counsel for both sides that parties have arrived at settlement. The petitioner Sh. Sanjay Kumar in person and son of petitioner Sh. Satbir Singh is present in person. On behalf of respondent, his authorized representative Sh. Vipul Goswami is present. 3.

Parties have settled that the present petitioners can continue in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2024 at 12:53:48

subject premises till 31.03.2025 and during this period from 21.09.2023 they shall pay Rs.10,000/- per month in each case to the respondent towards use and occupation charges. The arrears of the use and occupation charges for the period from 21.09.2023 till this date shall be paid on or before 24.07.2024 and the running use and occupation charges shall be paid on or before first day of each calendar month, as agreed by both sides in both cases. The said monthly use and occupation charges shall be paid by each of the petitioners directly in the bank account of the respondent no.1, particulars whereof shall be furnished to counsel for petitioners during the course of the day.

4.

In view of above settlement, learned counsel for petitioners on instructions of petitioners of both these cases seeks permission to withdraw these petitions with liberty to be protected till 31.03.2025. 5.

Accordingly, both petitions are dismissed as withdrawn with the directions that operation of the eviction orders impugned in these cases shall remain stayed till 31.03.2025 provided each of the petitioners continue to pay the use and occupation charges as well as arrears thereof in the manner aforesaid. It is made clear that if by 31.03.2025 the petitioners or either of them do not vacate the subject premises or do not pay the use and occupation charges in the manner aforesaid, the defaulting petitioner shall be liable to be evicted by way of execution of the impugned eviction order in accordance with law.

6.

All pending applications also stand withdrawn. GIRISH KATHPALIA, J MAY 24, 2024/ry Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2024 at 12:53:48