Rajan Rao vs Anita Singhvi & Ors

Sunil Gaur, J

Caveat No.817/2018

Caveator/ first respondent is represented through counsel.

Caveat is discharged.

RFA 756/2018Â & C.M. 36583/2018 & C.M. 38584/2018

After hearing counsel for the parties at some length, I find no infirmity in the impugned order of 7th July, 2018.

 At this stage, counsel for appellant on instruction submits that appellant be granted three month’s time to vacate the subject premises. Counsel

for appellant on instructions submits that the appellant is ready to clear the arrears of use and occupation charges in respect of subject premises, by

furnishing post dated cheques (PDCs) in the following manner:-

PDC of `5,00,000/-Â Â on or before 14th September, 2018

PDC of `5,00,000/-Â on or before 15th October, 2018

PDC of `10,00,000/-Â on or before 7th November, 2018

It is undertaken by appellant’s counsel that the post dated cheques in the name of first respondent in afore-noted manner shall be furnished to first

respondent on 14th September, 2018. Regarding arrears of electricity, water and maintenance charges, it is also undertaken by appellant’s counsel

on instructions that the said arrears in respect of subject premises would be deposited with the concerned authorities on or before 15th December,

2018 and its receipts would be furnished to the first respondent. It is further undertaken on instructions by appellant’s counsel that current

occupation charges @`3,32,750/-per month alongwith maintenance, water and electricity charges, would be paid on or before 15th of every month. It

is finally undertaken on behalf of appellant that the vacant physical possession of the subject property shall be handed over to first respondent on or

before 31st December, 2018.

While taking on record the aforesaid undertaking, this appeal and applications are disposed of with direction to appellant to furnish the aforesaid

undertakings by way of an affidavit within a week from today. Needless to say, appellant shall not create any third party interest in the subject

property. It is made clear that in case of two consecutive defaults, first respondent shall be at liberty to get the partial decree of 7th July, 2018

executed and any violation of undertakings furnished by appellant, shall invite initiation of contempt proceedings.Â

This appeal and applications are disposed of in the aforestated terms.

 DASTI.    Â