IN THE HIGH COURT OF DELHI AT RC.REV. 4L12008 & CM 720712008 SMT. ANWARI BEGUM Through versus SHRI NAWAB KHAN Through NE"W DELHI ..... Petitioner Mr. Mohd. Anis-ur-Rehman, Advocate with petitioner in person. ..... Respondent Mr. S.D. Ansari, Advocate #68 l\./ + CORAM: HON'BLE MR. JUSTICE MANMOTTAN ORDER o/o O2.O2.2OO9 The present matter had been taken up for hearing on L3th, L4th, tlth, 27th and 30th January, 2009. After hearing the parties at length, I was of the view that learned Additional Rent Controller had given cogent reasons for rejecting the leave to defend application filed by the petitioner. However, as I was inclined to give some reasonable time to the petitioner to vacate the premises, both parties took time for resolving their disputes amicably. Today, an affidavit of und.ertaking has been filed on behalf of petitioner wherein it has been stated that petitioner would handover peaceful vacant possession of the tenanted premises on or bef.ore 27th July, 2009 and further that the petitioner would not seek any further extension of time to vacate the said premises. In the affidavit of undertaking it has further been stated that the petitioner would. neither sublet nor part with the possession nor create third party Signed By:RAM DATT Signing Date:25.07.2024 16:19 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified interest in the suit premises. \) Learned Counsel for petitioner, on instructions of the petitioner who is present in Court today, further undertakes to this court that they would clear all outstanding electricity and water dues as well as any future electricity dues till the date they hand over physical vacant possession of the suit premises. Learned counsel for respondent, on instructions of respondent, who is present in cour[ agrees to reimburse the security deposit of Rs. 1,12,500/- in two stages and out of the said amount a sum of Rs. 50,000/- has today been paid in court by learned counser for respondent to learned Counsel for petitioner. The receipt of the same is acknowledged by learned Counsel for petitioner. Learned. counsel for respondent further assures this Court that balance amount of Rs. 62,5001- shall be deposited with the Registrar General of this Court on or before 30th April,2009. However, it is agreed between the parties that the petitioner will be entitled to refund of this amount on satisfying the Registrar General that they have handed over peaceful vacant possession of the suit premises on or before 27th Jury,2009 and further that they have cleared all outstanding electricity and water dues. on the Registrar General being satisfied with the two conditions, he would release the said amount to the petitioner. It is further agreed between the parties that in case peaceful vacant possession of the tenanted premises is not handed over on or \ before 27th July, 2OOg, petitioner would. not be entitled to get the \ balance amount of Rs. 62,5001- and the respondent would be entitled to initiate contempt proceedings against the petitioner. The undertaking given and statements made by learned. counsel for parties shall form part of this order and the parties are held bound by their undertakings and statements. In view of aforesaid undertaking and statement made by learned counsel for the parties before this court, present petition is disposed of. r\_,r rvraxffiNJ FEBRUARY 02,2OOg rn cra*- -tnrt-.o\ oY1 5(A'ag t'-t0hq f'D' (a'So$l- \r'-'rt"n'& \i*f 'i'v' c-Lp ftlC 6 ?"t ti /v\'t^ R\'-'l C"\nJ 1 8,*^r'n'v'^'\e*- \ /"t" enn"t'-r ,G 1(o^,rn'"".aaftr t- ar ''l ' J*+'\ rn's **) ^^f .*l e\qa/r' b{*{Y Rc,th,s^\qn^v V;* t.'\tc.,w' huH'T:^-A- I cr-.-\ giv'r-' ; 5) t"F 'G' -cJr-rr'' aiA^\trk ^^ PL\^;li '\'\4^