28. Recovery of unsettled utility bills or service charges due as at the time of execution of the decree

Notwithstanding anything to the contrary in any other written law, in an action instituted under this Act, if the defendant has defaulted the settlement of any payment due and payable by him under the lease agreement by way of service charge or part thereof or any utility bills or part thereof, from the date of the plaint until the date of writ of execution, the plaintiff shall make an application in the same action within a period of three months from the date of execution of writ and delivery of vacant possession of the premises to the plaintiff, by petition and affidavit supported by relevant documentary evidence to establish such non-settlement, for the recovery of such dues and interest and penalty imposed on such dues.

The Court, on being satisfied of the contents contained in the petition, affidavit and the documentary evidence referred to in subsection (1), may make an order, directing the defendant to appear and show cause why the Court should not make an order to pay such sum specified in the order, to the plaintiff.

The Court may, after due inquiry, make an order awarding the plaintiff any such arrears of utility bills and service charges upto the date of delivery of the vacant possession of the premises to such plaintiff together with any interest or penalty on such bills or charges.

The provisions relating to decrees for money set out in the Civil Procedure Code shall mutatis mutandis apply for the recovery of the moneys awarded in such order.

Any defendant who intends to appeal against an order made under subsection (3) shall deposit in the Court the full sum ordered for payment as a security, as a condition precedent to such appeal and the Court is entitled to reject any such appeal without a deposit of the full sum ordered as security.