Madras High Court
M/S.Ram Krishna Kulwant Rai vs M/S.Bharat Petroleum Corporation Ltd on 3 February, 2015
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2015
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.R.P.(PD) NO.382 OF 2015
M/s.Ram Krishna Kulwant Rai
Holdings Private Ltd.,
Rep. By its Directors
Ritesh Rai and Rajiv Rai
Having its office at No.6/13,
North Avenue, K.P.Puram,
Chennai 600 028.
Amended as per I.A.122/2010
dated 10.03.2010 ... Petitioner
Vs.
M/s.Bharat Petroleum Corporation Ltd.,
Rep. By its Regional Director
No.1, Ranganathan Gardens,
11th Main Road, Anna Nagar,
Chennai 600 040. ... Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India with a prayer to direct the disposal of I.A.No.102 of 2002 in O.S.No.100 of 1999, on the file of District Munsif, Tiruvottiyur within the time stipulated by this Court.
For Petitioner : Mr.S.R.Raghunathan
O R D E R
This Civil Revision Petition is filed for a direction to dispose of I.A.No.102 of 2002 in O.S.No.100 of 1999 pending on the file of the learned District Munsif, Tiruvottiyur.
2.The petitioner is the plaintiff in the suit in O.S.No.100 of 1999 filed against the respondent for delivery of possession. In the suit, the respondent filed an application in I.A.No.102 of 2002 under Section 9 of the Tamil Nadu City Tenants Protection Act. The said application has been pending from the year 2002.
3.Subsequently, the respondent also filed an application in I.A.No.761 of 2012 seeking stay of the suit as well as the connected applications till the disposal of the Special Leave Petition in SLP No.33430 of 2011.
4.Mr.S.R.Raghunathan, learned counsel for the petitioner has submitted that the suit was instituted in the year 1999 and the application filed by the respondent under Section 9 of the Tamil Nadu City Tenants Protection Act is pending from the year 2002. It is further submitted that the petitioner is not a party in the Special Leave Petition and the Hon'ble Supreme Court has not granted interim stay of the suit. Therefore, the respondent is not entitled to seek stay of all further proceedings in the suit and the application. It is further submitted that even after 15 years from the date of filing of the suit, the suit is not even entered in the stage of trial, which causes severe hardship and mental agony to the plaintiff.
5.Considering the facts and circumstances of the case, the learned District Munsif, Tiruvottiyur is directed to dispose of the applications filed by the respondent in I.A.No.102 of 2002 and I.A.No.761 of 2012 in O.S.No.100 of 1999, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.
6.This Civil Revision Petition is disposed of accordingly. No costs.
03.02.2015 Index : Yes/No Internet : Yes/No Note : Issue order copy on 10.02.2015 TK To The District Munsif Tiruvottiyur.
K.KALYANASUNDARAM, J.
TK C.R.P.(PD) NO.382 OF 2015 03.02.2015