Judgment:
$~31 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA5542016 SHIV SHANKAR YADAV ..... Appellant Through : Mr. S. Azad, Advocate with appellant in person. versus L M GOYAL & ORS ........ RESPONDENTS
Through : Mr. Vivek Kohli, Mr. Vishnu Anand and Ms. Yeshi Rinchhen, Advocates with respondent No.1 in person. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER
0912.2016 1. This order is in continuation of the orders dated 28.11.2016 and 8.12.2016.
2. On the last date of hearing, costs of Rs.10,000/- was imposed on the appellant. The said costs have been tendered by learned counsel for the appellant to counsel for the respondents and duly accepted.
3. The parties have interacted with each other today and have arrived at a settlement, the terms and conditions whereof are recorded herein below : (i) The appellant shall handover the vacant peaceful possession of the suit premises to the respondents on or before 30.6.2017 and in that duration, shall continue paying the use and occupation charges @ Rs.29,000/- per month to the respondent No.1 for self and on behalf of the remaining respondents w.e.f. January, 2017 onwards, RFA5542016 Page 1 of 3 which amount shall be paid on or before the 10th day of each calendar month. (ii) The appellant undertakes that he shall not sell, transfer, alienate or part with possession of the suit premises till the date he hands over the same to the respondents, through respondent No.1. (iii) It is agreed that the decretal amount deposited by the appellant in the Registry shall be released along with interest accrued thereon, if any, in favour of the respondents, through counsel, and the shortfall in the decretal amount, which as per the report submitted by the Registry is to the tune of Rs.1,30,634/-, shall be paid by the appellant to directly to the respondents. Counsel for the appellant states that out of aforesaid amount, a cheque of Rs.1,16,500/- has been handed over to the respondents, through counsel, today. The balance amount of Rs.14,134/- shall be paid to the respondents, through counsel, within one week from today. (iv) The appellant undertakes to clear all the electricity and water charges in respect of the subject flat by depositing the same directly with the concerned agencies. At the time of handing over vacant peaceful possession of the suit premises on or before 30.6.2017, the appellant shall furnish a NOC from the concerned agencies to the respondents along with all bills in original. (v) The appellant shall deposit a sum of Rs.66,000/- in the Registry towards Security Deposit within two weeks from today, which amount shall be placed in a FDR for a period of six months and shall be released in his favour with interest after he hands over the vacant peaceful possession of the suit premises to the respondents and RFA5542016 Page 2 of 3 produces the proof of handing over/taking over of possession.
4. With the consent of the parties, the appeal along with the pending application, are disposed of, in terms of the settlement recorded hereinabove, while binding down the parties and leaving them to bear their own expenses.
5. In token of acceptance of the settlement arrived at and recorded above, the parties shall affix their signatures on the margin of the order sheet along with their respective counsels. DECEMBER09 2016 sk/ap HIMA KOHLI, J RFA5542016 Page 3 of 3