CR/144/2019 of Indian Overseas Bank and another Vs Arjun Vikram Singh and others on 31 December 2020

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

C.R. No. 144 of 2019 Date of decision: December 31, 2020.

Indian Overseas Bank & anr. Versus

Shri Arjun Vikram Singh & ors.

…...Petitioners.

.....Respondents.

Coram

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?[1]

For the petitioners: Mr. Arvind Sharma, Advocate. For the respondents:Mr. Ashok Sood, Senior Advocate withMr. Abhishek, Advocate.

(Through Video Conferencing).

Jyotsna Rewal Dua, Judge (Oral)

C.R. No. 144 of 2019 & CMP No. 14498 of 2020

CMP No. 14498 of 2020 has been jointly moved bythe parties under Order 23 Rule 3 read with Section 151 of Codeof Civil Procedure for placing on record the compromise arrived atbetween the parties and for disposal of the Civil Revision in termsthereof. The contents of the application read as under:- “1. That petitioners-Bank hereby undertakes to handover thevacant physical possession of demised premises to respondents-1Whether the reporters of the local papers may be allowed to see theJudgment?

Landlords in compliance to impugned eviction order dated14.5.2019 having been passed by learned Rent controller, Shimla onthe ground of bonafide requirement on or before 31.1.2021.

2. That before vacating demised premises 31.1.2021, the Petitioner-Bank wants to remove its strong room-Lockers from the basementfloor of demised premises for which cannot be done withoutdemolishing and removing certain walls, doors and windows ofbasements floor and for doing the same Petitioner Bank hasrequested the Respondent-Landlords to grant necessary permissionand Respondents-Landlords have agreed on the Petitioner-Bankgiving following undertakings to this Hon’ble Court to performfollowing acts in the manner stated hereunder and agreed by thePetitioner-Bank:-

(i) That the Petitioner-Bank shall have the entire civil workrequired for removal of the locker-strong room carried out entirely atits own costs and expenses and under the supervision of CivilEngineer namely Sh. Sushil Kumar, engaged by the Respondent-Landlord at the cost of the petitioner bank. The Petitioner-Bankfurther undertakes to restore and restitute the entire damaged andremoved structures, walls,doors, windows and all other kind of civilwork to its original conditions and position entirely at their owncosts and expenses within time bound manner. The said civil workof restoration shall be carried out under the supervision and to thesatisfaction of the aforesaid Civil Engineer. During carrying out theproposed demolition or removal work by the Bank if any damage ofany kind is caused to any part and portion entire building andportion in occupation of the Respondent-Landlords, the bankundertakes to restore, repair and restitute the same to its originalposition entirely at its own and expenses. If any damage is causedto toilets situated in portion in occupation of landlord in basementfloor and sub-basement floor the same shall also be restored to itsoriginal state by Petitioner-Bank at its own costs and expenseswhich will always include the costs of material, fittings and fixturesand required for restoring it to its original position. All debris andleft out waste material shall also be cleared and removed by thepetitioner-Bank before vacation of premises by 31.1.21 at its costsand ensure no inconvenience is caused to general public.

(ii) That the Petitioner Bank also undertakes to remove all kind ofadditions and alteration such as cabins, Mezzanine Floor. It isclearly undertaken by the Bank that whatever costs and expenses are required for carrying and completing aforesaid agreed work shallalways be borne by the Bank.

(iii) That the entire aforesaid agreed work shall be carried andcompleted in time bound manner well before the aforesaid date ofhanding over the possession of 31.1.21 by the Petitioner-Bank toLandlords. The Bank will serve written notice on landlord throughhis counsel informing the date when aforesaid demolition andrestoration civil work is to be started by Bank so that same is carriedout and completed under the supervision of civil engineer/Architectof landlord and landlords themselves.

(iv) That any loss and damage if any is caused for any otherproperty or person(s) in carrying out above mentioned work shall beentire responsibility and risk of the Bank. If any permission of anykind is required from Municipal Authorities etc. shall for doing thesaid work shall also be obtained by Bank.

(v) That the petitioner-bank shall be liable to pay all kinds ofelectricity, water bills and other charges as applicable upto31.1.2021.

It is, therefore, jointly prayed that present revision petition maykindly be disposed of in the terms of above undertaking whileaffirming impugned eviction order on the ground of Bonafiderequirement of landlords and above undertaking be made as partand parcel of order and binding on the parties which may be passedin present revision petition.

Petitioner/Applicantthrough CounselArvind Sharma, Advocate Sd/-Respondents-Landlordsthrough CounselAbhishek Banta,Advocate Sd/-”

2. The application though is not supported with theaffidavits of the respective parties, however, Shri Arvind Sharma,learned Counsel representing the petitioners and Shri AshokSood, learned Senior Counsel assisted by Shri Ahbishek, learned Advocate, appearing for the respondents jointly submit that theapplication has been moved on behalf and on the instructions ofthe parties, who have agreed to settle the Lis involved in thisrevision petition, as per the compromise (already extractedabove). Learned Counsel have jointly submitted that theapplication bears their signatures and prayed for disposal of therevision in terms of the compromise. Their statements are takenon record. The compromise entered into between the partiesand undertakings given by them in the compromise are alsoaccepted. The Civil Revision is accordingly disposed of in termsof the compromise. The parties are directed to abide by theterms of the compromise and their respective undertakingstherein. In terms of the agreement between the parties, theimpugned eviction order on the ground of bonafide requirementof the landlord is affirmed. The order shall be binding on theparties. Pending application(s), if any, shall also stand disposedof.

December 31, 2020, (vs)

Jyotsna Rewal Dua Judge.