High Court of DelhiRFA/807/2018

Central Bank Of India v. Parminder Kaur

2018-09-24Hon'Ble Mr. Justice Valmiki J. Mehta2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 807/2018 CENTRAL BANK OF INDIA ..... Appellant Through : Advocate for appellant alongwith Mr.Subhash Chandra, Chief Manager.

versus PARMINDER KAUR ..... Respondent Through : Mr.Manish Kaushik, Ms.Ananya Nayyar, Advocates.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 23.09.2019 CM APPL No.42417/2019 Exemption allowed, subject to all just exceptions. Application stands disposed of.

RFA 807/2018 & CM APPL No.42416/2019 This application is for extension of time to vacate the premises by six months from now. Vide order dated 24.09.2018 the appellant was directed to vacate the premises on or before 30.09.2019 but for the reasons mentioned in the application it is now not possible for the appellant to vacate the premises till such date, hence, seeks extension of time.

Considering the constraints shown in the application it would be appropriate if some more time is granted to the appellant to vacate the premises, it being a bank.

However there is on record annexure-,C a letter dated 07.05.2019 which reveal the appellant bank was trying to get the premises of about 1400 sq.ft. on rent in the same locality at an amount of Rs.1,93,283/- per month which includes GST. Admittedly area of the premises in question is 2200 sq.yds. Considering the facts, the premises be now vacated by the appellant on or before 31.03.2020 subject to payment of user charges to the respondent at the rate of Rs.2,00,000/- per month, excluding GST, w.e.f. 01.10.2019 till they vacate premises, lastly by 31.03.2020. Electricity and water charges shall be paid as per actuals. The arrears if any, of the electricity and water charges shall be also cleared before vacating the premises.

The user charges so fixed for six months from 01.10.2019 shall be without prejudice to the contentions and rights of the parties, qua fixation of mesne profits by the learned Trial Court, where issue is still pending.

The application stands disposed of.

This order is passed in the presence of Mr.Subhash Chandra, the Chief Manager of the appellant bank. An undertaking to the above effect be filed by both the parties within two weeks from today. YOGESH KHANNA, J.

SEPTEMBER 23, 2019 DU