Punjab National Bank 7 Bhikhaji Cama Place N. Delhi v. Saroj Bhlla
2014-09-03
DEVENDRA KUMAR UPADHYAYA
body2014
DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya,J. On 28.08.2014 following order was passed; "Pursuant to the order dated 13.08.2014, Sri N.K. Mittal, DGM (Bareilly Circle), Punjab National Bank is present. As observed earlier, the Court has attempted to get the matter settled under Section 89 of the C.P.C. Sri Mittal informs the Court that the revision-applicant i.e. Bank is in the process of acquiring another property. However, shifting of the Bank will take atleast one year's time and in these circumstances, the Bank may be given a year's time to vacate the premises in question and hand it over to the respondents. He also stated that the Bank, in all likelihood, is ready to pay the amount to the respondents at the rate of Rs.8/- per sq. feet (total area of the premises is 3600/- sq. feets) from the date of decree i.e. 08.04.2013 till actual vacation takes place. Sri Mittal, however, states that he needs to seek approval from his higher authorities, which he is confident to procure within a week. The respondents, present before the Court, also agree to the said offer. In these circumstances, let this case be listed on 3rd September, 2014, on which date, Sri Mittal will nominate some responsible officer of the Bank to be present to participate in the conciliation proceedings before this Court. The Bank officer concerned shall also file an affidavit in terms of the aforesaid offer." 2. Pursuant to the aforesaid order dated 28.08.2014, an affidavit duly sworn in by Shri Prakash Mishra, Senior Manager, Panjab National Bank, Station Road Branch, Lakhimpur Kheri, has been filed, wherein an undertaking has been given that the revision applicant-Bank will pay monthly rent @ Rs.28,738.88/- per month from the date of decree i.e. 08.04.2013 till the premises in question is vacated. It has also been undertaken by the deponent of the said affidavit that the bank shall vacate the premises within one year i.e. by 28.08.2015. The affidavit further states that the undertaking is being given with the concurrence of the higher authorities of the bank. 3. Accordingly, this revision petition is disposed of in terms of the aforesaid undertaking. The bank shall pay an amount of Rs.28,738.88/- per month towards rent of the premises in question and hand over the vacant possession of the same by 28.08.2015 to the respondents. 4.
3. Accordingly, this revision petition is disposed of in terms of the aforesaid undertaking. The bank shall pay an amount of Rs.28,738.88/- per month towards rent of the premises in question and hand over the vacant possession of the same by 28.08.2015 to the respondents. 4. Apart from the aforesaid rent from the date of decree till the vacation of the premises, the revision applicant shall also pay the decreetal amount under the decree dated 08.04.2013 i.e. the applicant shall be liable to pay a sum of Rs. 1,68,464/- in addition to the rent for future bills till the premises is vacated. 5. The amount already paid to the respondents or deposited in the court shall be permitted to be withdrawn by the respondents and the same shall be adjusted in the total sum of Rs.1,68,464./- The decreetal amount which remains to be paid after adjusting the amount already paid or deposited in the Court shall be paid by the revision applicant within a month to the respondents. 6. The payment of the aforesaid amount and the vacation of the premises shall be deemed to be towards the complete satisfaction of the decree.