M/S Gopalsons v. Gurmukh Singh Sachdev

$~237 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 157/2025 & CM APPL. 30149/2025, CM APPL.

30150/2025, CM APPL. 30151/2025 M/S GOPALSONS .....Petitioner Through:

Mr. Gurpreet Sethi and Mr.Avinash Kumar, Advocates.

versus GURMUKH SINGH SACHDEV .....Respondent Through:

Mr. K.N. Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 16.05.2025 After making detailed submissions, Mr. Gurpreet Sethi, learned counsel appearing for the petitioner, on instructions of Mr. Akshay Arora, who is a partner of the petitioner firm, submits that they are willing to not press the present revision if they be granted some reasonable time to vacate the subject premises i.e. shop bearing No. 02, Ground Floor, property bearing No. 2492-2496, Beadonpura, Karol Bagh, New Delhi.

2.

Mr. K.N. Singh, learned counsel appearing for the respondent is agreeable to the aforementioned proposal of the petitioner, subject to the petitioner making a monthly payment of Rs. 60,000/- as use and occupation charges.

3.

In view of the above, after brief submissions made by learned counsel for both parties, by consent of the petitioner as well as the respondent, the present revision petition is disposed-of with the following directions :

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.1.

The petitioner shall vacate the subject premises i.e., shop bearing No. 02, Ground Floor, situate in property bearing No. 24922496, Beadonpura, Karol Bagh, New Delhi on or before 31.12.2025;

3.2.

In the meantime, the petitioner shall be entitled to continue to use and occupy the subject premises for the purpose for which it has been used so far, subject however to the petitioner paying to the respondent use and occupation charges of Rs.60,000/- per month with effect from 01.05.2025, till the time of vacation of the subject premises;

3.3.

The use and occupation charges for the month of May, 2025 shall be paid before the end of May, 2025; and for the remaining months, the petitioner shall pay the same to the respondent by the 07th day of every English calendar month; and 3.4.

To facilitate electronic remittance of use and occupation charges as referred-to above, the respondent shall furnish to the petitioner requisite bank details within 07 days.

4.

Furthermore, the petitioner shall file before this court an affidavit of undertaking in the following terms within 03 weeks from today, with copy to the opposing counsel:

i.

I undertake on behalf to the petitioner firm that I shall surrender vacant, peaceful, physical possession of the subject premises to the respondent or his nominee on or before 31.12.2025, against written acknowledgment of receipt.

ii.

During the period of my use and occupation of the subject premises, I shall pay to the respondent use and occupation charges at Rs. 60,000/- per month with effect from 01.05.2025, till the time I vacate the subject premises and hand over vacant, peaceful, physical possession thereof to the respondent. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

iii.

Furthermore, during the period of my use and occupation of the subject premises, I shall also regularly and punctually pay all utility bills, including electricity and water charges and any other dues that may arise in relation to the use and occupation of the subject premises, till the date I hand-over vacant, peaceful, physical possession thereof to the respondent or his nominee.

iv.

I also undertake that in the event of any default in payment of use and occupation charges and/or any utility bills as aforesaid, I shall render myself liable to pay enhanced use and occupation charges equivalent to the prevailing market rent for the relevant period instead of the agreed use and occupation charges of Rs.60,000/- per month as referred to above. v.

I further undertake and confirm that throughout the period upto 31.12.2025, the subject premises shall remain under my use and occupation; and I shall not create any third party rights, titles or interests whatsoever, in or to the subject premises; and that I shall not cause any damage or harm to the subject premises, failing which I shall remain liable for damages to compensate for any such damage or harm.

vi.

I shall remain bound by the terms of the aforesaid undertaking. 5.

Needless to add, that in the event of violation of any of the terms of the above-referred undertaking, the respondent shall be at liberty to adopt all such remedies as may be available to him, in accordance with law.

6.

The petition is disposed-of in the above terms. 7.

The Registry is directed to bring to the notice of this court if the affidavit of undertaking is not filed by the petitioner as directedabove. ANUP JAIRAM BHAMBHANI, J MAY 16, 2025 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.