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Supreme Court - Daily Orders

Darshan Kumar vs Jai Kumar Mishra & 5 Ors on 15 September, 2014

Bench: Sudhansu Jyoti Mukhopadhaya, Prafulla Chandra Pant

  ITEM NO.30                                COURT NO.5                   SECTION XI

                                 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).   23450/2014

  (Arising out of impugned final judgment and order dated 18/12/2013
  in SCCR No. 536/2013 passed by the High Court Of Judicature at
  Allahabad)

  DARSHAN KUMAR                                                           Petitioner(s)

                                                        VERSUS

  JAI KUMAR MISHRA & 5 ORS                                                Respondent(s)

  Date : 15/09/2014 This petition was called on for hearing today.

  CORAM :
                          HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
                          HON'BLE MR. JUSTICE PRAFULLA CHANDRA PANT

  For Petitioner(s)
                                            Mr. Abhay Kumar,Adv.
                                            Ms. Tarunika Sharma, Adv.
                                            Mr. Tenzing T., Adv.

  For Respondent(s)


                            UPON hearing the counsel the Court made the following
                                               O R D E R

Heard. The Special Leave Petition is dismissed. However, on the request of the learned counsel for the petitioner, we allow the petitioner further period upto 31st March, 2015 to vacate the suit premises subject to filing of usual undertaking within four weeks and following conditions:

(i) Petitioner shall pay arrears of rent, if any, within two months, in favour of respondents and deposit the amount in the account of the respondents, Signature Not Verified Digitally signed by number of which may be provided by the Neeta Sapra Date: 2014.09.15 17:17:07 IST respondents or by way of bank draft;
Reason: -2-
(ii) The petitioner shall pay occupancy charges for the month of September, 2014 onwards @ Rs.5,000/- (Rupees Five Thousand) per month on or before the 7th day of the subsequent month;
(iii) The petitioner shall not create any third party interest on the suit premises including that of his sons and relatives.

On failure of any of the condition it will be open to the respondents to move before this Court for initiating contempt proceedings against the petitioner.

         (Neeta)                            (Usha Sharma)
         Sr. P.A.                           COURT MASTER