Supreme Court - Daily Orders
Urmese J Valooran vs V.K. Padma on 13 February, 2015
Bench: Jagdish Singh Khehar, S.A. Bobde
SLP(C)No.4368/15 1
ITEM NO.32 COURT NO.5 SECTION XIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).4368/2015
(Arising out of impugned final judgment and order dated 23/10/2014
in RCR No.502/2005 passed by the High Court of Kerala at Ernakulam)
URMESE J VALOORAN Petitioner(s)
VERSUS
V.K. PADMA Respondent(s)
(With interim relief)
Date : 13/02/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr. K. V. Mohan, Adv.
Mr.N.M.Varghese, Adv.
Ms.Tessy Varghese, Adv.
For Respondent(s)
Upon hearing the counsel the Court made the following
O R D E R
Having heard learned counsel for the petitioner, we find no justification whatsoever to interfere with the impugned order, in exercise of our jurisdiction under Article 136 of the Constitution of India.
The special leave petition is accordingly dismissed. Finding himself in the aforesaid predicament, learned counsel for the petitioner states, that the petitioner is carrying Signature Not Verified Digitally signed by Satish Kumar Yadav Date: 2015.02.14 on his business activities from the premises in question, and that, 12:52:42 IST Reason:
he be given some time to find an alternative accommodation and to SLP(C)No.4368/15 2 shift thereto. And till then, he be permitted to continue in the suit premises. Learned counsel for the petitioner further states that the petitioner is ready and willing to pay user charges at the rate of Rs.12,000/- per month.
In the peculiar facts and circumstances of this case, we consider it just and appropriate to allow the petitioner to continue in the premises in question till 30.04.2015, subject to the condition that the petitioner pays user charges at the rate of Rs.12,000/- per month, with effect from the date of passing of the impugned order by the High Court. Ordered accordingly. All arrears of rent, if any, and user charges shall be paid within four weeks from today. Future user charges shall be paid in advance, within the first ten days of every English calendar month.
The petitioner shall file the usual undertaking, incorporating therein an affirmation that the petitioner will hand over vacant possession of the suit premises to the respondent-landlord, on or before 30.04.2015. He shall also give an undertaking, that he will not create any third party rights in the suit premises, in the meantime. The above-mentioned affidavit shall be filed before this Court within four weeks from today.
(SATISH KUMAR YADAV) (RENU DIWAN) COURT MASTER COURT MASTER