Supreme Court - Daily Orders
Poddar Projects Limited vs Economic Transport Organization ... on 18 October, 2019
Bench: N.V. Ramana, Sanjiv Khanna
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos.8239-43 OF 2019
(Arising out of SLP(C)Nos.3581-3585/2019)
PODDAR PROJECTS LIMITED & ANR. … APPELLANTS
Versus
ECONOMIC TRANSPORT ORGANIZATION LIMITED … RESPONDENT
O R D E R
Leave granted.
2. The instant appeals are directed against order dated
22.08.2017 passed by the High Court of Calcutta whereby the
High Court allowed the appeal filed by the respondents and
proceeded to grant them an unconditional leave to defend the
Suit for Eviction filed by the appellants herein.
3. The appellants/plaintiffs have filed Civil Suit No. 142
of 2013 against the respondents/defendants for eviction from
the suit premises, after serving notice under Section 106 of
the Transfer of Property Act, 1882 (for short, ‘the Act’).
The appellants thereafter moved an application under Chapter
XIIIA of the Original Side Rules of the Calcutta High Court
Signature Not Verified
for final judgment.
Digitally signed by
SATISH KUMAR YADAV
Date: 2019.10.23
17:36:25 IST
Reason:
4. Ld. Single Judge vide its Order dated 28.02.2017 had
disposed of this application by grant of conditional leave
2
to defend the suit subject to the respondents paying
occupational charges of Rs.4,00,000/- per month from
01.03.2017 till disposal of the suit.
5. Aggrieved, the respondents preferred an appeal before the
Division Bench of the Calcutta High Court. The appellants
had filed cross-objections, which have been dismissed vide
impugned judgment dated 22.8.2017, holding that the cross-
objections were not maintainable. The impugned judgment
allowed the appeal preferred by the respondents thereby
granting them unconditional leave to defend the suit.
6. A number of issues and contentions have been raised by
the appellants and the respondents before us, which we
propose not to discuss and decide as a civil suit is still
pending and has not been decided. It was pointed out to us
that the respondents were paying Rs.8,299/- to the first
appellant and Rs.3,857/- to the second appellant, aggregating
to Rs.12,156/- for as rent/occupational charges. The present
appeals were adjourned vide Order dated 3.07.2019 at the
joint request made by the learned Senior counsel/learned
counsel appearing for the parties, to enable them to get
some more instructions from their respective clients as to
the current market rent. By Order dated 20.09.2019, learned
counsel for the respondents has prayed for and was granted
three weeks’ time to file valuation report, which has to be
submitted in the Court.
7. Having heard learned counsel for the parties and having
perused the records, we are of the view that ends of justice
3
would be met if the respondents are directed to pay
Rs.2,00,000/- (Rupees two lakhs) per month as use and
occupational charges/rent for the premises with effect from
01.03.2017. We order accordingly. Payments made would abide
by the final outcome of the suit.
8. Learned Single Judge before whom the Civil Suit is still
pending is requested to dispose of the Civil Suit
expeditiously.
9. The appeals stand disposed of accordingly.
10. As a sequel to the above, all pending interlocutory
applications stand disposed of.
.........................J.
(N.V.RAMANA)
........................J.
(SANJIV KHANNA)
NEW DELHI;
OCTOBER 18, 2019.
4
ITEM NO.43 COURT NO.3 SECTION XVI
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).3581-3585/2019
(Arising out of impugned final judgment and order dated 22-08-2017
in APD No.86/2017 and GA No.902/2017, OCO No.3/2017 with GA No.
2883/2013 and CS No.142/2013 passed by the High Court at Calcutta)
PODDAR PROJECTS LIMITED & ANR. Petitioner(s)
VERSUS
ECONOMIC TRANSPORT ORGANIZATION LIMITED Respondent(s)
IA No. 7604/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 125645/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 51321/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 51680/2019 - RECALLING THE COURTS ORDER Date : 18-10-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Debal Banerji, Sr.Adv.
Mr. Krishnayan Sen, AOR Mr. Ankit Jain, Adv.
For Respondent(s) Mr. Jaideep Gupta, Sr.Adv.
Mr. Rajshekhar Rao, Adv.
Mr. P.C. Sharma, Adv.
Mr. T. R. B. Sivakumar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals stand disposed of in terms of the signed order.
As a sequel to the above, all pending interlocutory applications stand disposed of.
(SATISH KUMAR YADAV) (RAJ RANI NEGI) AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file) 5