ORDER

% 07.05.2024 [Physical Hearing/Hybrid Hearing (as per request)]

CM APPL. 63292/2023 (for fixation of damages/charges)

1. In furtherance of last order, learned senior counsel for petitioner and learned counsel for respondents submit that in the interest of expeditious disposal of the main petition, both sides are agreeable if use and occupation charges are fixed at a rate of Rs. 10,000/- per month. Learned senior counsel for petitioner has also brought to my notice that challenge to the similar order pertaining to adjoining premises (referred to in last order) has been withdrawn.

2. In view of above circumstances, with consent of both sides, this application is allowed, thereby directing the petitioner/tenant to pay to the respondents/landlords a sum of Rs. 10,000/- per month towards use and occupation charges for the period from 06.09.2023 till disposal of this petition. The arrears of use and occupation charges shall be paid in two equal installments, payable on 15.05.2024 and 15.06.2024. The running use and occupation charges shall be paid on or before 07th day of each calendar month. The said charges shall be paid directly into the bank account of respondent no.1, particulars whereof shall be furnished within three days by learned counsel for respondents to learned counsel for petitioner.

3. It is made clear that any violation in payment of use and occupation charges shall entail vacation of the interim protection against operation of the impugned eviction order. It is also made clear that in case the petitioner succeeds in the main petition, the use and occupation charges so paid shall be refunded to him.

CM APPL. 33181/2023 (stay)

4. In view of above order and keeping in mind that operation of the impugned eviction order is being stayed on date to date basis, the stay on operation of the impugned eviction order is made absolute till disposal of this petition, subject to the petitioner ensuring strict adherence to the above order of use and occupation charges.

RC.REV. 169/2023

5. List for final arguments on 03.09.2024. GIRISH KATHPALIA, J MAY 7, 2024/rk Click here to check corrigendum, if any