Supreme Court - Daily Orders
M/S Indian Oil Corporation vs T. Amirthavalli on 7 July, 2023
Bench: Abhay S. Oka, Sanjay Karol
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023
(Special Leave to Appeal (C) No(s).16624 OF 2023)
M/S INDIAN OIL CORPORATION & ORS. APPELLANTS
VERSUS
RESPONDENT
T. AMIRTHAVALLI
O R D E R
Leave granted.
Heard Mr. Tushar Mehta, the learned Solicitor General for the appellants and the learned counsel for the respondent.
There was a lease agreement executed by the respondent in favour of the appellants. According to the case of the appellants, a notice was sent to the respondent for exercising an option to renew the lease. After the period of lease as mentioned in the agreement expired on 26.02.2018, instead of approaching regular Court by way of a suit, the respondent invoked the jurisdiction of a High Court under Article 226 of the Constitution of India. We may note here that in the meanwhile, the appellants filed a suit for specific performance for enforcing a clause in the lease regarding the option of renewal of the lease. Now we are informed across the bar that the suit was dismissed for non-prosecution. Signature Not Verified Digitally signed by POOJA SHARMA Date: 2023.07.14 16:41:58 IST Reason: 1 The writ petition filed by the appellants was not entertained by the learned Single Judge. By the impugned order passed in appeal, the Division Bench has directed the appellant to vacate the land subject matter of the lease. A further direction is issued to pay rent at the rate of Rs.75,000/- per month instead the agreed rent stipulated under the lease agreement.
In the present appeal, notice was issued on 12.07.2019 by this Court by passing the following order:
“Delay condoned.
Heard the learned Solicitor General appearing for the petitioners.
Issue notice to consider the question of extending the time to vacate the property in dispute.” The case of the respondent was that after the lease agreement came to an end, the appellants continued to unlawfully occupy the property subject matter of lease. We are unable to give our imprimatur to the view taken by the Division Bench of the High Court as we are of the view that appropriate remedy for the respondent was to approach the competent Court by filing a suit.
However, in view of the earlier order of this Court, when we made a query to the learned Solicitor General for the appellants regarding the grant of time to vacate, he states that due to construction of a wall made by the respondent, the appellants are not able to use the land subject matter of lease, but their equipment is very much there on the subject land.
Though we are setting aside the impugned order, we direct the appellants to remove themselves from the land subject matter of the 2 lease within a period of three months from today. We also make it clear that the appellants will be liable to pay only the contractual rent.
The appeal is disposed of on the aforesaid terms. Pending application(s) if any, shall stand disposed of.
..................J. (ABHAY S. OKA) ..................J. (SANJAY KAROL) NEW DELHI;
JULY 7, 2023.
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ITEM NO.49 COURT NO.11 SECTION XII
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). 16624/2019
(Arising out of impugned final judgment and order dated 24-09-2018 in WA No. 1722/2018 passed by the High Court Of Judicature At Madras) M/S INDIAN OIL CORPORATION & ORS. Petitioner(s) VERSUS T. AMIRTHAVALLI Respondent(s) Date : 07-07-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Tushar Mehta, Solicitor General Ms. Mala Narayan, Adv.
Mr. Shashwat Goel, AOR For Respondent(s) Mr. V Prabhakar, Adv.
Ms. Jyoti Singh, Adv.
Mr. N.J. Ramchandar, Adv.
Mr. R Gowrishankar, Adv.
Mr. S. Rajappa, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of terms of thee signed order which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(KAVITA PAHUJA) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
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