C.R. No.2775 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.2775 of 2009 (O&M) Date of Decision: 17.8.2010 M/s Ravi Radiofrige ……Petitioner VERSUS Ashok Kumar Aggarwal ……Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Puneet Bali, Advocate for the petitioner. Mr. Arun Palli, Sr. Advocate with Mr. Devanshu Jain, Advocate for the respondent. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) C.R. No.2775 of 2009 (O&M) -2- 1. After arguing for some time, learned Counsel for the peti- tioner on instruction of the petitioner, who is personally present in the Court, seeks permission to withdraw this petition. On the instruction of the petitioner, learned Counsel for the petitioner also undertakes that demised shop shall be vacated on or before 30.11.2011 and va- cant peaceful possession of the demised shop shall be handed over to the landlord/respondent on or before 30.11.2011. Learned Coun- sel for the petitioner further undertakes on the instruction of the peti- tioner that entire arrears of rent shall be paid to the landlord/respon- dent on or before 31.8.2010 and monthly rent of the shop shall be paid on or before 10th of each and every month. 2. Learned Senior Advocate assisted by Mr. Divanshu Jain, Advocate having received instruction from the respondent, who is also personally present in the Court, states that he has no objection if time till 30.11.2011 is granted to the petitioner to vacate the shop but petitioner must submit undertaking to this effect before the learned Rent Controller. 3. Present petition is dismissed as withdrawn. Petitioner shall furnish usual undertaking before the learned Rent Controller on or before 31.8.2010 to the effect that petitioner shall handover vacant peaceful physical possession to the landlord/respondent on or before 30.11.2011. He shall also pay entire arrears of rent due to the land- lord/respondent on or before 31.8.2010. In the undertaking, peti- tioner shall also states that he shall keep on paying the monthly rent C.R. No.2775 of 2009 (O&M) -3- on or before 10th of each and every month. It is clarified that in the event of non-filing of the undertaking by 31.8.2010 or non-payment of the entire arrears of rent due or any default is made in monthly pay- ment of rent as mentioned hereinabove, order of eviction shall be executed forthwith. ( ALOK SINGH ) 17th August, 2010 JUDGE ashish