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Vinod Gupta & Anr vs Sukbhir Saran Aggarwal & Anr on 30 July, 2021

Author: Najmi Waziri

Bench: Najmi Waziri

                              $~39
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      RC.REV. 71/2018
                                     VINOD GUPTA & ANR                                   ..... Petitioners

                                                        Through:     Mr. A.K. Tandon and Ms. Shivani
                                                                     Malik, Advs.


                                                        versus

                                     SUKBHIR SARAN AGGARWAL & ANR                        ..... Respondents

                                                        Through:     Mr. S.D. Ansari, Adv. for R-1.


                                     CORAM:
                                     HON'BLE MR. JUSTICE NAJMI WAZIRI
                                                  ORDER

% 30.07.2021 The hearing has been conducted through video conferencing. CM APPL. 23122/2021 (fresh by R-1 for vacation of interim order dt. 03.04.2019)

1. Issue notice.

2. The learned counsel named above accepts notice on behalf of the petitioners.

3. This application seeks vacation and/or clarification of the interim order dated 03.04.2019 which directed inter alia as under:

This application is for payment of user charges at the rate of Rs.2,00,000/- per month to the respondent no.1 by the petitioner. It is submitted by the Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:31.07.2021 17:10:27 learned counsel for respondent no.1 the premises which is in occupation of the petitioner comprises of basement, ground floor and mezzanine floor admeasuring 80 sq.mtrs. and in a highly congested market, hence the user charges at such rate.

However the amount of user charges is disputed by the learned counsel for the petitioner and he submits the rental would be around Rs. 15,000- 20,000/- per month. Thus as an interim measure, let the petitioner pay to the respondent no.1 an amount of Rs.50,000/- per month as user/occupation charges w.e.f. 01.03.2018 till the pendency of this petition. The arrears shall be paid within six weeks from today. The future user/occupation charges shall be paid on or before 7th day of each calendar month. Electricity and water charges shall be paid as per actuals. Any default in the above terms shall entail the eviction forthwith.

....."

4. Admittedly, there is non-payment of use and occupation charges.

5. The learned counsel for the petitioners submits that as of 26.07.2021, all arrears have been paid by way of a deposit of Rs.2 lakhs in the bank account of the applicant/R-1.

6. The learned counsel for the applicant/R-1 submits that he has no instructions in this regard and that the money has not been received. He insists that there has been a repeated breach of the Court's orders; therefore, the stay order would stand vacated and immediate eviction would be the sequitur of the aforesaid order.

7. Prima facie, the applicant's request appears persuasive because this Court's directions were to be complied with, failing which eviction would ensue.

8. At request of the learned counsel for petitioners, renotify on Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:31.07.2021 17:10:27 10.08.2021.

9. The order be uploaded on the website forthwith.

NAJMI WAZIRI, J JULY 30, 2021 AB Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:31.07.2021 17:10:27