Supreme Court - Daily Orders
Eswar Gangaram Patil vs Udupi Madhwa Madiram Trust on 18 November, 2016
Bench: Arun Mishra, L. Nageswara Rao
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ITEM NO.33 COURT NO.11 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) 32994/2016
(Arising out of impugned final judgment and order dated 23/06/2015
in RCREV No. 98/2015 passed by the High Court Of Kerala At
Ernakulam)
ESWAR GANGARAM PATIL Petitioner(s)
VERSUS
UDUPI MADHWA MADIRAM TRUST Respondent(s)
(With interim relief)
Date : 18/11/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA
HON'BLE MR. JUSTICE L. NAGESWARA RAO
For Petitioner(s) Mr. Shivaji M. Jadhav,Adv.
M/s. S.M. Jadhav & Company,Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the petitioner. We find no merit in this special leave petition, which is accordingly dismissed.
However, on the request of the learned counsel for the petitioner, we allow the petitioner further period upto 31st January, 2017 to vacate the premises subject to filing of usual undertaking within three weeks from today and on following conditions:
(1) Petitioner shall pay arrears of rent/damages, within Signature Not Verified four weeks from today, to the respondent or deposit the Digitally signed by MADHU BALA Date: 2016.11.19 amount in the account of the respondent, number of which 12:50:22 IST Reason:
may be provided by the respondent or by way of bank draft;
(ii) The petitioner will pay occupancy charges with effect from the date of order passed by the High Court 2 till 31st January, 2017 @ Rs. 10,000/- (Rupees ten thousand only) 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.
Needless to state that if the petitioner fails to comply with all the terms of usual undertaking, he shall, in addition to all other legal proceedings, be liable for contempt of Court.
(Madhu Bala) (Tapan Kr.Chakraborty) Court Master Court Master