Naresh Kumar Bansal vs. Vivek Jalan & Anr

RFA/580/2014HC DelhiGSTCNR DLHC01195645201409 January 2018Bench: HON'BLE MR. JUSTICE J.R. MIDHA2 pages
For Petitioner: Mr. Alok Bhachawat with Mr. Shailendra Singh, Advocates with Mr. Naresh Kumar BansalFor Respondent: Mr. Rajat Aneja with Ms. Chandrika Gupta and Ms. Nisha Sharma, Advocates Mr. Vivek Jalan, respondent no. 1 in- person Mr. Santu Sharma, respondent no.2 in-person
AI SummaryWithdrawn

Held

The Court noted that the Appellant had vacated the suit property and handed over the keys to the Respondents. The Appellant confirmed that apart from air conditioners, no other fixtures and fittings were removed, and no damage was caused to the property. The Court was informed about an electricity bill and the existence of a security deposit for the meter, with the Appellant agreeing to cooperate in its transfer. The Appellant also undertook to apply to the sales tax authorities for a change of address in GST records. As the parties had complied with the settlement terms, the Court found no further orders were required. The appeal was accordingly disposed of.

Facts

This is an appeal before the Delhi High Court concerning a dispute between the Appellant, Naresh Kumar Bansal, and Respondents Vivek Jalan & Anr. The case involved a suit property. The Court was informed that the Appellant had vacated the suit property and handed over the keys to the Respondents. The Appellant also submitted that no fixtures or fittings were removed, and no damage was caused to the property, except for the removal of air conditioners. An electricity bill of approximately Rs. 1250/- was received, and the Appellant stated he would cooperate in transferring the electricity meter, for which a security deposit of Rs. 4500/- was paid. The Appellant also undertook to apply to the sales tax authorities for a change of address in GST records.

Key Issues

1. Whether the Appellant has complied with the settlement terms regarding vacating the suit property and handing over possession, as recorded by the Court on January 9, 2018. 2. Whether the Appellant has fulfilled his obligations concerning the removal of fixtures and fittings and any damage to the suit property. 3. Whether the Appellant has made adequate arrangements for the electricity meter and associated bills, and whether he will cooperate in transferring the meter to the Respondent's name. 4. Whether the Appellant will take necessary steps to update his GST records with the new address. Contentions: Petitioner/Appellant: Submitted that the suit property has been vacated, keys handed over, and no damage caused except for the removal of air conditioners. Also stated that the electricity meter is in his name with a security deposit, and he will cooperate in its transfer. Undertook to update GST records. Relied on the settlement terms recorded by the Court. Revenue/State: No specific arguments recorded from the Revenue/State as the matter was settled between the parties.

Sections Cited

GST

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 580/2014 NARESH KUMAR BANSAL ..... Appellant Through: Mr. Alok Bhachawat with Mr. Shailendra Singh, Advocates with Mr. Naresh Kumar Bansal versus VIVEK JALAN & ANR ..... Respondent Through: Mr. Rajat Aneja with Ms. Chandrika Gupta and Ms. Nisha Sharma, Advocates Mr. Vivek Jalan, respondent no. 1 in- person Mr. Santu Sharma, respondent no.2 in-person. CORAM: JUSTICE PRATHIBA M. SINGH

O R D E R %

02.04.

2018

1.

Further to the last order dated 9th January, 2018 by which the settlement terms were recorded between the parties, counsel for the Appellant, Mr. Bhachawat submits that the Appellant has vacated the suit property and that he has brought the keys to the Court today. The keys have been handed over to the Respondent No. 1 and Respondent No.2, who are present in Court.

2.

Two original Demand Drafts of Rs.15,00,000/- each in favour of Mr. Naresh Kumar Bansal drawn by Kotak Mahindra Bank, Chandini Chowk Branch dated 28th March, 2018 bearing no. 81462 and Canara Bank,

Connaught Circus Branch dated 28th March, 2018, bearing no. 36169

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.