High CourtsSingle Bench(2017) 06 SHI CK 0012

Pawan Kumar Bansal vs The Khadeen Cooperative Society & Ors.

High Court Of Himachal Pradesh · Decided on 1 June 2017

HON’BLE JUDGES
Ajay Mohan Goel
CASE NUMBER
2608 of 2009

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Judgment

8 paragraphs · 353 words
1.

Petitioner-Pawan Kumar Bansal is present in the Court who has been identified by Mr. Anand Sharma. Mr. Deep Ram, Secretary of the respondent-Society as well as Mr. Ajmer Singh Vice President of the respondent-Society are also present in person who have been duly identified by Mr. Janesh Gupta. It has been jointly submitted by the parties through their learned counsel that the issue subject matter of the present writ petition stands amicably settled between the parties in the following terms:-

a) An amount of Rs. 60,000/- stands paid by the petitioner to the respondent-Society vide cheque No. 895 drawn upon HDFC Bank dated 29.5.2017 which stands duly realized by the respondent-Society;

b) Petitioner shall vacate the premises in dispute on or before 15th June, 2017;

c) After the reconstruction of demised premises, one set in the ground floor shall be offered to the petitioner on rent which shall be calculated at 10% less than the then prevailing market rate;

d) Upon offer so made by respondent-Society to the petitioner after reconstruction, he shall have to exercise his option to take the said premises on rent within a period of two months, whereafter it will be deemed that petitioner is no more interested in having the said premises.

2.

Terms so agreed upon by parties are made part of this judgment and the petition is disposed of in terms of said mutual settlement.

3.

It has been submitted by respondent-Society that they have already submitted construction plans for the purposes of sanction before the appropriate authority. This Court hopes and expects that the reconstruction of the demised premises shall be completed as expeditiously as possible and as assured by learned counsel appearing for the respondent-Society on instructions preferably within 18 months from today. Writ petition stands disposed in the above terms, so also pending miscellaneous applications if any. Orders impugned also stand modified to this extent. It goes without saying that in case there is any difficulty faced by either of the parties, they are at liberty to approach this Court, if need so arises by way of an appropriate application.

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