Indian Overseas Bank & Anr vs Arjun Vikram Singh & Ors

Jyotsna Rewal Dua, J

C.R. No. 144 of 2019 & CMP No. 14498 of 2020

CMP No. 14498 of 2020 has been jointly moved by the parties under Order 23 Rule 3 read with Section 151 of Code of Civil Procedure for placing

on record the compromise arrived at between the parties and for disposal of the Civil Revision in terms thereof. The contents of the application read

as under:-

“1. That petitioners-Bank hereby undertakes to handover the vacant physical possession of demised premises to respondents- Landlords

in compliance to impugned eviction order dated 14.5.2019 having been passed by learned Rent controller, Shimla on the ground of

bonafide requirement on or before 31.1.2021.

That before vacating demised premises 31.1.2021, the Petitioner-Bank wants to remove its strong room-Lockers from the basement floor

of demised premises for which cannot be done without demolishing and removing certain walls, doors and windows of basements floor and

for doing the same Petitioner Bank has requested the Respondent-Landlords to grant necessary permission and Respondents-Landlords

have agreed on the Petitioner-Bank giving following undertakings to this Hon’ble Court to perform following acts in the manner stated

hereunder and agreed by the Petitioner-Bank:-

(i) That the Petitioner-Bank shall have the entire civil work required for removal of the locker-strong room carried out entirely at its own

costs and expenses and under the supervision of Civil Engineer namely Sh. Sushil Kumar, engaged by the Respondent-Landlord at the cost

of the petitioner bank. The Petitioner-Bank further undertakes to restore and restitute the entire damaged and removed structures,

walls,doors, windows and all other kind of civil work to its original conditions and position entirely at their own costs and expenses within

time bound manner. The said civil work of restoration shall be carried out under the supervision and to the satisfaction of the aforesaid

Civil Engineer. During carrying out the proposed demolition or removal work by the Bank if any damage of any kind is caused to any part

and portion entire building and portion in occupation of the Respondent-Landlords, the bank undertakes to restore, repair and restitute the

same to its original position entirely at its own and expenses. If any damage is caused to toilets situated in portion in occupation of landlord

in basement floor and sub-basement floor the same shall also be restored to its original state by Petitioner-Bank at its own costs and

expenses which will always include the costs of material, fittings and fixtures and required for restoring it to its original position. All debris

and left out waste material shall also be cleared and removed by the petitioner-Bank before vacation of premises by 31.1.21 at its costs and

ensure no inconvenience is caused to general public.

(ii) That the Petitioner Bank also undertakes to remove all kind of additions and alteration such as cabins, Mezzanine Floor. It is clearly

undertaken by the Bank that whatever costs and expenses are required for carrying and completing aforesaid agreed work shall always be

borne by the Bank.

(iii) That the entire aforesaid agreed work shall be carried and completed in time bound manner well before the aforesaid date of handing

over the possession of 31.1.21 by the Petitioner-Bank to Landlords. The Bank will serve written notice on landlord through his counsel

informing the date when aforesaid demolition and restoration civil work is to be started by Bank so that same is carried out and completed

under the supervision of civil engineer/Architect of landlord and landlords themselves.

(iv) That any loss and damage if any is caused for any other property or person(s) in carrying out above mentioned work shall be entire

responsibility and risk of the Bank. If any permission of any kind is required from Municipal Authorities etc. shall for doing the said work

shall also be obtained by Bank.

(v) That the petitioner-bank shall be liable to pay all kinds of electricity, water bills and other charges as applicable upto 31.1.2021.

It is, therefore, jointly prayed that present revision petition may kindly be disposed of in the terms of above undertaking while affirming

impugned eviction order on the ground of Bonafide requirement of landlords and above undertaking be made as part and parcel of order

and binding on the parties which may be passed in present revision petition.

Petitioner/Applicant

through Counsel

Arvind Sharma,

Advocate

Sd/-

Respondents-Landlords

through Counsel

Abhishek Banta,

Advocate

Sd/-â€​

The application though is not supported with the affidavits of the respective parties, however, Shri Arvind Sharma, learned Counsel representing the

petitioners and Shri Ashok Sood, learned Senior Counsel assisted by Shri Ahbishek, learned Advocate, appearing for the respondents jointly submit

that the application has been moved on behalf and on the instructions of the parties, who have agreed to settle the Lis involved in this revision petition,

as per the compromise (already extracted above). Learned Counsel have jointly submitted that the application bears their signatures and prayed for

disposal of the revision in terms of the compromise. Their statements are taken on record. The compromise entered into between the parties and

undertakings given by them in the compromise are also accepted. The Civil Revision is accordingly disposed of in terms of the compromise. The

parties are directed to abide by the terms of the compromise and their respective undertakings therein. In terms of the agreement between the parties,

the impugned eviction order on the ground of bonafide requirement of the landlord is affirmed. The order shall be binding on the parties. Pending

application(s), if any, shall also stand disposed of.