M/S Castophene Mfg Co v. Baldeep Singh & ANR

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 184/2019 M/S CASTOPHENE MFG CO ..... Petitioner Through:

Rajesh Kumar Gautam, Adv.

versus BALDEEP SINGH & ANR ..... Respondents Through:

Mr.Bahar U.Barqi, Adv.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 11.09.2019 CM APPL. 13733/2019 (exemption) Exemption is allowed subject to all just exceptions. RC.REV. 184/2019 & CM APPL. 13731/2019 & 40578/2019 1.

Petitioner impugns order dated 08.01.2019 whereby the leave to defend application filed by the petitioner was dismissed. 2.

Respondent filed the subject petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 seeking eviction of the petitioner from the entire back side portion of second floor i.e. offices and two rooms on the third floor in premises No.4946-48, Chandni Chowk, Delhi more particularly as shown in red colour in the site plan annexed to the eviction petition.

3.

Parties were referred to Delhi High Court Mediation & Conciliation Centre. Parties have settled their disputes and settlement agreement dated 20.08.2019 has been executed.

RC.REV.184/2019

4.

As per the settlement agreement, petitioner tenant has made certain additions, alterations and affixed certain fixtures to the tenanted premises. Petitioner tenant has undertaken to vacate and hand over the vacant peaceful possession of the tenanted premises. 5.

Keys of the tenanted premises has been handed over to the respondent landlord in Court today as a token on handing over of vacant possession. Petitioner who is present in Court in person undertakes that the tenanted premises is vacant and respondent would be entitled to take vacant peaceful possession pursuant to the keys which have been handed over in Court today. The undertaking is accepted.

6.

To compensate the petitioner for the fixtures, fittings and additions, alterations made to the tenanted premises, respondent has agreed to pay a sum of ₹50 lakhs to the petitioner. A sum of ₹25 lakhs has already been paid. Balance amount of ₹25 lakhs has been handed over in Court vide cheque No.044137 dated 04.09.2019 drawn on South Indian Bank Ltd, Rajouri Garden.

7.

Parties who are present in Court submit that henceforth they have no right, title or claim surviving against each other and all disputes against each other have been settled.

8.

Learned counsel for the petitioner seeks leave to withdraw the petition.

9.

Petition is accordingly dismissed as withdrawn. SANJEEV SACHDEVA, J SEPTEMBER 11, 2019/rk RC.REV.184/2019