JUDGMENT : Vivek Singh Thakur, J. Civil Revision No.138 of 2014 and CMP No. 6543 of 2018 CMP No. 6543 of 2018 has jointly been filed by contesting parties i.e. petitioners No. 1 to 3 and respondents No. 1 to 3. Petitioner No. 1, who is also power of attorney of petitioners No. 2 and 3, has signed this application on behalf of petitioners No. 1 to 3. Respondent No. 3 is power of attorney of respondent No.1 and respondents No. 2 and 3 are also present in Court in person. 2. As stated by parties on the previous date of hearing, respondent No. 4 has no interest in the property in question and he has already been proceeded ex-parte and even he has not contested the petition before the lower Courts. 3. Separate statements of petitioner No.1 and respondents No. 2 and 3 have also been recorded on oath, wherein they have endorsed the terms and conditions of compromise, reduced into writing in this application. The application is duly supported by affidavits of petitioner No.1 and respondents No. 2 and 3 who are representing the contesting parties i.e. petitioners and respondents No. 1 to 3. 4. For the reasons stated in application and in view of statements made by parties on 27.6.2018 and also today, petition is disposed of in terms of compromise stated in CMP No. 6543 of 2018 in sub-paras (a) to (o) of para 7 of application, which are reproduced as under:- (a) That petitioner No.1 is mother of petitioners No.2 and 3 and is also holding a valid power of attorney on their behalf for pursuing the present proceedings on their behalf as well as to enter into compromise with respondents-applicants. The petitioner No.1 represents and admits that the Power of Attorney held by petitioner No.1 is in force and has not been revoked by petitioners No.2 and 3. Petitioner No.1 is thus competent to enter into settlement/compromise with respondents-applicants on behalf of petitioners No.2 and 3. (b) That respondent No.3 is also holding a legal and valid power of attorney on behalf of respondents No.1 and 2 which has neither been revoked nor cancelled and is still subsisting. Respondent No.3 is thus fully competent to enter into compromise on behalf of respondents No.1 and 2 with petitioners- applicants. (b) That respondent No.3 is also holding a legal and valid power of attorney on behalf of respondents No.1 and 2 which has neither been revoked nor cancelled and is still subsisting. Respondent No.3 is thus fully competent to enter into compromise on behalf of respondents No.1 and 2 with petitioners- applicants. (c) That petitioners- applicants have represented that respondent-non applicant No.4 who came to be substituted on record of the proceedings before Learned Rent Controller (4) Shimla vide Order dated 20.03.2008 has no subsisting claim with respect to the demised premises and more particularly, in view of a judicial pronouncement made in favour of petitioners-applicants whereby the said respondent i.e. Shri C.K. Baljee had acknowledged that he had no claim with respect to the business being run in the demised premises by petitioners- applicants or their predecessor Shri C. Baljee. The parties i.e. petitioners- applicants as well as respondents-applicants have admitted the aforesaid position and have entered into the present settlement which in no way affects or prejudices respondent No.4 in any manner whatsoever, hence is not required to be associated in the present settlement. The parties admit that the present proceedings can be got disposed of in the absence of respondent-non-applicant. (d) That petitioners- applicants and respondents-applicants have already got their statements recorded on 27.06.2018 in the Hon’ble Court, correctness thereof is acknowledged and admitted by the parties and have agreed to abide by the same in its letter and spirit. The petitioners- applicants and respondents-applicants hereafter where ever required shall be referred to as “the Parties” and the premises being non-residential premises comprising of 5 storeyed building located at 26, The Mall, Shimla-171001, shall hereafter be referred to as “the demised premises”. (e) That the parties by entering into the present settlement have agreed to get the present compromise recorded and to get the proceedings being Civil Revision No.138 of 2014 as well as pending application being C.M.P. No. 18694 of 2014 for fixation of use and occupation charges disposed of on the basis of the settlement. (f) That petitioners- applicants have agreed to suffer an order of eviction however, have represented to respondents-applicants to grant them reasonable time to vacate and hand over vacant and peaceful possession of the demised premises. (f) That petitioners- applicants have agreed to suffer an order of eviction however, have represented to respondents-applicants to grant them reasonable time to vacate and hand over vacant and peaceful possession of the demised premises. Respondents-applicants have agreed to the aforesaid representation by granting time to petitioners- applicants uptil 15th July, 2019 to surrender vacant and peaceful possession in favour of respondents-applicants. Petitioners- applicants have agreed and undertaken to surrender the vacant and peaceful possession of the entire premises on or before 15th July, 2019 in favour of respondents applicants. (g) That petitioners- applicants pursuant to Order dated 7.12.2015 have been depositing use and occupation charges in the Registry of the Hon’ble Court @ Rs. 1,35,240/- per month which amount has been deposited by them upto the month of June, 2018 and has been ordered to be invested in Fixed Deposit Receipt and is lying undisbursed. Petitioners- applicants in view of the settlement arrived at between the parties have also deposited use and occupation charges @ Rs. 1,50,000/- for the month of July, 2018 which amount also has been ordered to be invested in Fixed Deposit Receipt and is lying undisbursed. It is mutually agreed between the parties that the entire amount lying in deposit shall be got released by respondents-applicants from the Hon’ble Court on the day an order is passed on the present application alongwith upto date interest accrued thereupon. The amount shall be released to the extent of 50% in favour of respondent No.1 and balance 50 % jointly in favour of respondents-applicants No. 2 and 3 alongwith proportionate interest and remitted in the following bank account of the respondents. Sr. No. Name Bank Account No. Name of the Bank 1. M/s Shiv Charan Dass & Sons 00442000012469 IFSC: HDFC 0000044 HDFC Bank, Shopping Mall, DLF Phase-I, Gurgaon (Haryana) 2. Ganesh Seth and Salil Seth 05022151002226 IFSC: ORBC 0100502 Oriental Bank of Commerce, Panchkuian Road , New Delhi (h) That petitioners- applicants have agreed and undertaken to keep depositing a sum of Rs. 1,50,000/- (less TDS) as use and occupation charges every month from August, 2018 onwards uptil June, 2019 on or before 10th day of every month in the aforesaid bank accounts of the respondents in the ratio mentioned above. Since, petitioners-applicants shall be surrendering vacant and peaceful possession on 15th. July, 2019 thus they shall be liable to deposit a sum of Rs. Since, petitioners-applicants shall be surrendering vacant and peaceful possession on 15th. July, 2019 thus they shall be liable to deposit a sum of Rs. 75,000/- only for the month of July, 2019 as use and occupation charges in the aforesaid ratio and bank accounts of the respondents. Petitioners- applicants further undertake not to make any default in depositing the aforesaid amount from August, 2018 onwards and in case of two consecutive defaults, petitioners- applicants admit and agree that the order of eviction shall become executable forthwith and the petitioners-applicants shall be liable to surrender vacant and peaceful possession of the demised premises without getting the benefit of time accorded to them herein above. Respondents-applicants shall in addition to the same would also be entitled to claim use and occupation charges for the period August 2018 upto July 2019. It is however clarified that petitioners-applicants in no circumstance would remain in possession of the property after 15th July, 2019 and any breach in the present settlement/ undertaking shall entail in penal consequences in law. (i) That it is further mutually agreed between the parties that if for any reason, unforeseen circumstances or on account of voluntarily decision, the petitioners-applicants surrender vacant and peaceful possession of the demised premises in favour of respondents-applicants before 15th. July, 2019 then they shall not be liable to pay use and occupation charges, as mentioned in clause (h) above for rest of the period running upto 15th. July, 2019. It is further agreed and undertaken by petitioners-applicants that they shall serve/give an advance notice of 30 days upon/to respondents-applicants before surrendering vacant and peaceful possession of the demised premises. It would be the option of the petitioners-applicants to send the advance notice by e-mail, text message or through postal service upon respondents-applicants. The parties have already exchanged the postal addresses, telephone numbers and e-mail ids with each other. (j) That petitioners- applicants have agreed, undertaken and represented that on account of the present settlement/compromise with the respondents- applicants, they shall not be claiming right to “re-enter” the premises, as provided for by the amendment carried out in the provisions of H.P. Urban Rent Control Act, 1987. The petitioners-applicants thus do hereby forego/given up their right of re-entry in the demised premises as available to them in law after coming into force of the amendment in the H.P. Urban Rent Control Act. The petitioners-applicants thus do hereby forego/given up their right of re-entry in the demised premises as available to them in law after coming into force of the amendment in the H.P. Urban Rent Control Act. Petitioners-applicants agree and undertake that under no circumstance they shall be entitled to claim, apply or make any application in the present proceedings or otherwise claim any right of re-entry or any other right/claim of any kind in respect of the demised premises. Since petitioners-applicants shall have no right in the demised premises after 15th. July, 2019 thus petitioners- applicants further agree that they shall have no objection as to how and in what manner the demised premises are put to use by respondents-applicants after 15th July, 2019. (k) That petitioners- applicants have agreed and undertaken that they shall not create any 3rd party right or interest of any kind whatsoever, in respect of the demised premises nor shall in any manner create any encumbrance, charge or lien or any kind in respect of the demised premises during the period for which they have been allowed to occupy the demised premises i.e. upto 15th July, 2019, so as to defeat any right of respondents-applicants in any manner whatsoever. Petitioners- applicants further agree and undertaken not to do any act that may be considered to be harmful or prejudicial to the rights or interest of respondents-applicants vis-a-vis demised premises. (l) That petitioners-applicants agree and undertake to clear off all liabilities in respect of electricity and water consumption and any other taxs payable by the petitioners- applicants on account of running of the business in the demised premises upto 15th July, 2019. Petitioners-applicants further agree and undertake not to create any kind of business liability, liability in respect of their workers, staff and any other liability till they remain involved in the business activity upto 15th July, 2019 and uptill the respondents-applicants are put in vacant and peaceful possession of the demised premises. Respondents-applicants thus shall neither be made or held liable on any count by petitioners-applicants. (m) That petitioners- applicants shall not cause any damage to the demised premises nor shall do or permit any act to be done that may diminish value and utility of the premises till the vacant and peaceful possession of the premises is handed over by petitioners-applicants to the respondents- applicants. (m) That petitioners- applicants shall not cause any damage to the demised premises nor shall do or permit any act to be done that may diminish value and utility of the premises till the vacant and peaceful possession of the premises is handed over by petitioners-applicants to the respondents- applicants. (n) That respondents- applicants agree and undertake that after the present settlement is accepted by the Hon’ble Court and orders are passed on the present application, they shall withdraw petition for eviction instituted by them against petitioners- applicants under Section 14 of the H.P. Urban Rent Control Act on the ground that the demised premises being required bonafide by them for personal use. The respondents-applicants further undertake to withdraw the Execution Petition instituted by them against respondents-applicants pursuant to the orders of eviction granted in their favour on 7.3.2012 by Rent Controller (4) Shimla and order dated 2.6.2014 passed by Appellate Authority (IV) Shimla (HP). (o) That the parties agree and undertake to abide by the aforesaid terms in letter and spirit and any default on any of the conditions, hereinabove mentioned, shall entail in breaching the undertaking given to this Hon’ble court which shall make the defaulting party liable for punishment under the Contempt of Courts Act apart from entitlement of the affected party pursuing their remedy in accordance with law for performance and implementation of the present settlement in its letter and spirit. 5. Petition along with pending applications, except CMP No. 6545 of 2018, are also disposed of in above terms. CMP No. 6545 of 2018 6. No reply is intended to be filed, rather, under instructions of non-applicants/petitioners, no objection for allowing the application has been given. 7. In view of disposal of main petition, in terms of settlement arrived at between the parties, the entire amount deposited by the petitioner in Registry of this Court during pendency of this petition is to be released in favour of respondents No. 1 to 3 along with upto date interest in the ratio as mentioned in para 3 of this application. 8. 8. Therefore, the entire amount lying deposited in the Registry in present case is directed to be released along with upto date interest to respondents No. 1 to 3 proportionately in the ratio mentioned in para 3 of the application by remitting the same to their bank accounts, details whereof have been mentioned in para 4 of the application. Application stands disposed of.