Jayant Nath, J.

IA No. 16249/2012 (u/S 151 CPC) and 16250/2012 (for condonation of delay in re-filing application no.16249/12)

1. This is an application filed by the defendants for modification of order dated 24.11.2011 and 22.12.2011 and for further direction that rent and conversion charges to be paid to the plaintiff be suspended till the applicants/defendants get license from the statutory authority.

2. The present suit is filed by the plaintiff for declaration, permanent injunction, recovery of possession, recovery of arrears of rent, mesne profits and damages. The issue pertains to a property being A-1, Plot No. 54, Rama Road, Najafgarh Road, Industrial Area, New Delhi-110015 measuring 700 sq. yards comprising basement, ground, first, second and third floors. As per the plaint, the plaintiff had entered into a registered lease agreement dated 3rd August, 2010 whereby the basement, entire ground floor, entire first floor and 3rd floor with terrace as elaborated in the said agreement was let out to the defendants for the purpose of running a Banquet Hall w.e.f. 1st October, 2010. As per the lease agreement, the monthly rent of Rs.7,49,742/- and monthly sum of Rs.1,42,500.- towards annual conversion charges plus other dues were payable to the plaintiff for demised premises. It is stated in the plaint that on account of various reasons, the defendants were in violation of the terms of the lease agreement. Hence, legal notice dated 15.09.2011 was sent to the defendants stating that the lease agreement stands cancelled on account of breach Clause “8” of the lease agreement and calling upon the defendants to deliver vacant physical possession of the demised premises to the plaintiff. As defendant did not vacate, the present Suit was filed.

3. On 24.11.2011, a consent order was passed by this Court, relevant portion of which reads as follows:-

“After extensive arguments, it has been agreed between the parties that with effect from 21st December, 2011, the defendants will not run or operate any banquet hall in the suit premises without obtaining all statutory permissions including consent from DPCC, licence from MCD and registration/licence under Delhi Police Act. It has been further agreed that the defendants will be at liberty to install only the effluent treatment plant on the roof of the third floor of the suit property without any hindrance from the plaintiffs. It has also been agreed that the defendants will pay all the arrears of rent and conversion charges and will also issue TDS Certificates in respect of the income-tax already deducted by them at source within two weeks from today and will continue to pay an amount equivalent to the agreed rent and conversion charges, regularly, to the plaintiffs.

This consent order is being passed without prejudice to the respective rights and contentions of the parties. It is made clear that the defendants will be at liberty to resume the running of banquet hall, after they obtain all the statutory clearances in terms of this order. This order is to remain operative during pendency of this suit. Wherever required, the plaintiffs will give the requisite NOC to the defendants in order to enable them the statutory clearances. The plaintiffs will also provide proof of deposit of service tax to the defendants within two weeks. The defendants will furnish an undertaking to this Court today itself, to pay the arrears in terms of this order within two weeks from today.”

4. The next material order is dated 22.12.2011 passed by this Court on IA No. 20767/2011 which was filed by the defendants under Section 151 CPC seeking directions for depositing arrears of rent without prejudice and for extension to run the Banquet Hall. The following order was passed.

“Vide consent order dated 24th November, 2011, it was directed that with effect from 21st December, 2011, the defendants would not run or operate any banquet hall in the suit premises without obtaining all statutory permissions inc