M/S Hind Electricians & ANR. v. Lalit Kumar Dixit

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 404/2025, CM APPL. 80151/2025, CM APPL. 80152/2025 & CM APPL. 567/2026 M/S HIND ELECTRICIANS & ANR.

.....Petitioners Through:

Mr. Akhil Mittal, Mr. Vineet Kumar Mishra, Ms. Riddhi Jain and Ms.

Shayna Das Pattanayak, Advocates.

versus LALIT KUMAR DIXIT .....Respondent Through:

Mr. Madan Lal Sharma, Mr. Ashish Bhardwaj, Ms. Tejaswini Verma and Ms. Manika Gaba, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 16.03.2026 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 25B(8) of the Delhi Rent Control Act, 1958 seeks the following prayers:

"a. Set aside the Impugned Judgment dated 05 .06.2025 passed by Ms. Arjinder Kaur, Ld. ACJM (Special Act), Central District, Tis Hazari Courts, Delhi, previously presided as ARC-02 (Central) in Eviction Petition No. RC ARC 53/2022 titled "Lalit Kumar Dixit v. M/s Hind Electricians & Anr." under Section 14(1 )(e) read with Section 25-B of the Delhi Rent Control Act, 1958; and Pass such other or further orders as this Hon 'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

3.

Vide order dated 10.02.2026, this Court had passed the following order: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

- "2.

Learned counsel for the petitioners has come back with instructions. It is submitted that the petitioners would vacate the two shops, which is the subject matter of the present petition, by 31.07.2026 and shall pay use and occupation charges w.e.f. from 01.01.2026 till 31.07.2026.

3.

The use and occupation charges with respect to shop measuring 13' X 11'6' on the ground floor would be Rs. 25,000/- per month and one shop measuring 9'.8" X 7'.1" on the first floor would be Rs. 15,000/- per month, at property bearing no. 1831, Bhagirath Palace, Chandni Chowk, Delhi-06. It is submitted on behalf of the petitioners at the latter shop on the first floor is a godown.

4.

The petitioners shall also pay/clear all electricity and water dues, including all other statutory dues qua the subject property prior to handing over the vacant, peaceful and physical possession of the subject property.

5.

Learned counsel for the petitioners further submits that one factual aspect may be clarified that the present eviction petition does not relate to Bharej Electricals. Learned counsel for the respondent submits that the statement to that effect had already been given before the learned ARC and confirms the same. 6.

Let an affidavit of undertaking be placed on record by the learned counsel for the petitioner with respect to the aforesaid terms before the next date of hearing. The details of the account in which the use and occupation charges have to be deposited shall be supplied by the learned counsel for the respondents to the learned counsel for the petitioners.

7.

List on 16.03.2026."

4.

In pursuance of the aforesaid order, an affidavit of undertaking dated 12.03.2026 on behalf of the petitioners has been handed up in Court today and the same is taken on record. In the said affidavit, it has been stated as under: - The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

"3. That, pursuant to the aforesaid order, the Petitioner and Respondent have amicably arrived at a settlement inter-se between each other qua the demised premises in question.

4. That in terms of the said settlement, I, the deponent herein, undertake to vacate and hand over peaceful, vacant, and physical possession of the subject premises mentioned in the Eviction Petition w.r.t to the premises bearing no. 1831, Bhagirath Palace, Chandni Chowk, Delhi-06, to the respondent on or before 31.07.2026.

5.

That I further undertake to pay user and occupation charges with respect to shop measuring 13'X 11' 6' on the ground floor would be Rs. 25,000/-(Twenty-five Thousand only) per month and one shop measuring 9'8"X 7'1" on the first floor would be Rs. 15,000/- (Fifteen Thousand Only) per month with effect from 01.01.2026 till the date of handing over of vacant possession of the subject premises, i.e., on or before 31.07.2026. 5.

In view of the above, learned counsel for the petitioners seeks leave to withdraw the present petition.

6.

Leave granted.

7.

The present petition is dismissed as withdrawn and disposed of accordingly.

8.

Needless to state that the petitioners shall abide by the undertaking given before this Court.

9.

Pending application(s), if any, also stands disposed of. AMIT SHARMA, J MARCH 16, 2026/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.