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S.R. Gupta vs O.P. Mehta on 30 January, 2015

Bench: T.S. Thakur, Adarsh Kumar Goel

                                                       1

         ITEM NO.25                            COURT NO.2                    SECTION XIV

                                   S U P R E M E C O U R T O F          I N D I A
                                           RECORD OF PROCEEDINGS

         Petition(s) for Special Leave to Appeal (C)                   No(s).    2170/2015

         (Arising out of impugned final judgment and order dated 12/01/2015
         in RCR No. 11/2015 passed by the High Court Of Delhi At New Delhi)

         S.R. GUPTA                                                           Petitioner(s)

                                                      VERSUS

         O.P. MEHTA AND ANR                                                   Respondent(s)

         (with appln. (s) for exemption from filing c/c of the impugned
         judgment and interim relief)

         Date : 30/01/2015 This petition was called on for hearing today.

         CORAM :
                             HON'BLE MR. JUSTICE T.S. THAKUR
                             HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

         For Petitioner(s)              Mr.   Amit Chadda,Sr.Adv.
                                        Mr.   Puneet Khurana,Adv.
                                        Mr.   Bimlesh Kumar Singh,Adv.
                                        Mr.   Rajeev Kumar Gupta,Adv.

         For Respondent(s)              Mr. Gagan Gupta,Adv.
                                        Mr. Sunil Malhotra,Adv.

                              UPON hearing the counsel the Court made the following
                                                O R D E R

Heard.

We see no reason to interfere with the impugned order. The special leave petition is accordingly dismissed.

The petitioner-tenant is however granted time till 30 th June, 2016 to vacate and hand over peaceful possession of the premises in-question Signature Not Verified to the respondents, subject to the following Digitally signed by conditions:

(1) The petitioner files an undertaking on usual terms in this Court within four weeks from today.

(2) The petitioner deposits with the trial court or pays directly to the respondents, compensation for use/occupation of the premises in-question at the rate of Rs.10,000/- (Rupees ten thousand) per month w.e.f. 1st January, 2015 till 31st December, 2015 and at the rate of Rs.15,000/- (Rupees Fifteen thousand) w.e.f. 1st January, 2016 till the date the premises is actually vacated. Current deposit shall be made/deposited by 10th of every succeeding calender month.

(3) The amount so deposited shall be released in favour of the respondents.

(4) In the event of default of payment of compensation or breach of any of the conditions stipulated above the decree for eviction shall become executable forthwith.

(MAHABIR SINGH)                                (VEENA KHERA)
 COURT MASTER                                   COURT MASTER