M/S. Urmila Farms Llp v. M/S. Ansal Properties & Infrastructure Ltd.

$~O-36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 187/2018 & I.As. 5631/2018, 12764/2018 M/S. URMILA FARMS LLP ..... Plaintiff Through:

Mr.Dinesh Garg and Ms.Rachna Agrawal, Advocates with Mr.Rakesh Jain, A.R. of the plaintiff versus M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD.

..... Defendant Through:

Mr.Rakesh Kumar and Mr.Anil Kumar Sahu, Advocates with Mr.F.N.

Rai, authorised representative

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 29.10.2018 1.

Mr. F.N. Rai, authorised representative of the defendant is present in Court along with his counsel and has handed the certified copy of the board resolution dated 12th February, 2018 on the basis of which he is authorised to give an undertaking on behalf of the defendant before this Court. The Copy of the board resolution dated 12th February, 2018 is taken on record. 2.

Mr. F.N. Rai, authorised representative of defendant undertakes that the defendant shall handover the vacant, peaceful and physical possession of the office space No.114-A, comprising of 657 sq.ft. on the first floor and 293 sq. ft. on the mezzanine floor of Ansal Bhawan, 16 K.G. Marg, New Delhi-110001 on or before 30th November, 2018. 3.

Mr. F.N. Rai further undertakes that the entire outstanding rent in respect of the suit property shall be paid to the plaintiff in six equal monthly

instalments. The defendant shall handover the six post dated cheques dated 01st November, 2018, 01st December, 2018, 01st January, 2019, 01st February, 2019, 01st March, 2019 and 01st April, 2019 to counsel for the plaintiff within one week and all the cheques shall be honoured on their first presentation.

4.

The defendant shall clear the electricity, water and maintenance charges in respect of the suit property before handing over the possession and shall handover the proof of the same to the plaintiff at the time of the handing over of the possession.

5.

The undertaking of the defendant is hereby accepted. 6.

The suit is decreed in terms of the undertaking of the defendant. The defendant shall remain bound by the undertaking given to this Court. 7.

Mr. F. N. Rai shall sign the order sheet before leaving this Court. 8.

Learned counsel for the plaintiff seeks refund of the Court Fees. 9.

The Registry is directed to issue a certificate for refund of 50% of the Court Fees under Section 16A of the Court Fees Act. 10.

Pending applications disposed of.

11.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

OCTOBER 29, 2018 ds