Meenakshi Singh v. Bhaskar Jyoti Buruah

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 608/2017 and C.M. Appl. Nos. 23917-19/2017 MEENAKSHI SINGH ..... Appellant Through:

Mr. Sanjay Poddar, Sr. Advocate with Ms. Saahila Lamba and Mr. Govind Kumar, Advocates with appellant in person.

versus BHASKAR JYOTI BURUAH ..... Respondent Through:

Ms. Manpreet Kaur, Advocate with respondent in person.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 11.07.2017 CAVEAT No. 621/2017 Since counsel for the respondent has entered appearance, the caveat stands discharged.

1.

After arguments, learned senior counsel for the appellant, on instructions from the advocate on record as also the appellant who is present in person, states that the appeal be disposed of as not pressed and the appellant be given time to vacate the suit premises on or before 30.10.2017.

2.

Learned counsel for the respondent has taken instructions from the respondent who is present in person in the Court in person and the respondent agrees to the statement made by the appellant in the Court today.

3.

It is also agreed between the parties that the amount of Rs.10,000,000/- which has been paid by the appellant to the respondent will carry interest at the rate of 8% per annum simple from 31.8.2013 till date.

On this consolidated amount of principal of Rs.10,00,000/- plus interest at the rate of 8% per annum till date, the respondent will be entitled to adjustment with respect to arrears of admitted rent at Rs.17,000/- per month which are to be paid by the appellant to the respondent and have not been paid. If any further amount remains, either in the positive or the negative, the same will appropriately be adjusted between the parties from today till 30.10.2017 when the appellant will vacate the suit premises. 4.

Let the appellant file an affidavit of undertaking in this Court in terms of the present order within one week and in which affidavit the appellant will undertake to clear all the charges towards water and electricity, etc. till the time appellant remains in possession of the suit premises. Upon the appellant filing the affidavit of undertaking and complying with the terms of the same, the appellant will have time to vacate the suit premises till 30.10.2017.

Whatever amount which would be in excess lying with the respondent and payable to the appellant, will be paid to the appellant subject to the appellant clearing all dues towards local authorities, and at the time of handing

over of vacant physical possession of the suit premises by the appellant to the respondent.

5.

The appeal is disposed of with the aforesaid consent order. VALMIKI J. MEHTA, J JULY 11, 2017 AK