M/s. Artistic Art Forum Pvt. Ltd. Vs. B. Sita Maha Lakshmi

[Civil Appeal No(S). 9215/2018 arising from SLP (C) No.13779/2018]

KURIAN, J.

1. Leave granted.

2. The appellant is before this Court against the interim order passed by the High Court, whereby the stay on eviction was vacated.

3. The appellant through its counsel undertakes to surrender vacant possession of the premises in question on or before 31.03.2019. The undertaking is recorded. The impugned order stands modified, as above. The appellant shall continue to pay the use and occupation charges @ Rs.1.50 Lacs per month.

4. However, we make it clear that this arrangement is without prejudice to the contentions available to both the parties while the matter of mesne profits is tried.

5. The appellant shall file a usual undertaking within two weeks from today.

6. The appeal is, accordingly, disposed of.

7. Pending applications, if any, shall stand disposed of.

8. There shall be no orders as to costs.

…………………..J. [KURIAN JOSEPH]

…………………..J. [SANJAY KISHAN KAUL]

NEW DELHI;

SEPTEMBER 10, 2018.