Kerala High Court
OP (RC)/215/2017 of M/S. BIO PHARMACEUTICAL DISTRIBUTERS Vs MR. M.V.RAJASEKHARAN on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 OP (RC).No. 215 of 2017 (O) ---------------------------- (UNNUMBERED RCRP PENDING before THE DISTRICT COURT, KOLLAM
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
OP (RC).No. 215 of 2017 (O)
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(UNNUMBERED RCRP PENDING before THE DISTRICT COURT, KOLLAM AND EP151/2017 IN RCP 32/2012 PENDING BEFORE THE RENT CONTROL COURT, KOLLAM.
PETITIONER(S)/JUDGMETN DEBTORS:
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1.M/S. BIO PHARMACEUTICAL DISTRIBUTERS,1ST FLOOR, MAHESWARI MANSION,THAMARAKULAM, KOLLAM 691001.
2.MR.K.S.BABUKUMAR, AGED 60 YEARS,MANAGING PARTNER,M/S BIO PHARMACEUTICAL DISTRIBUTERS,1ST FLOOR, MAHESWARI MANSION,THAMARAKULAM, MOLLAM 691001.
BY ADV. SRI.S.SREEKUMAR (KOLLAM)
RESPONDENT(S):
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MR. M.V.RAJASEKHARAN, AGED 60 YEARS,S/O VARADARAJALU, RESIDING ATMAHESWARI MANSION, THAMARAKULAM, KOLLAM 691001.
R1 BY ADV. SRI.K.SUBASH CHANDRA BOSE
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(RC) NO.215/17
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1:TRUE PHOTOSTAT COPY OF THE COMPROMISE PETITIONIN RCP 32 OF 2012 PASSED BY THE PRINCIPAL RENT CONTROLER,KOLLAMM
EXT.P2:TRUE PHOTOSTAT COPY OF THE ORDER IN RCP 32 OF2012 PASSED BY THE PRINCIPAL RENT CONTROLLER, KOLLAM.
EXT.P3:TRUE PHOTOSTAT COPY OF THE ORDER IN EANO.306/2017 IN EP NO.151/2017 IN RCP 32 OF 2012 PASSED BYTHE PRINCIPAL RENT CONTROLLER, KOLLAM.
EXT.P4:TRUE PHOTOSTAT COPY OF THE ORDER IN EPNO.151/2017 IN RCP 32 OF 2012 PASSED BY THE PRINCIPALRENT CONTROLLER, KOLLAM.
EXT.P5:TRUE COPY OF THE LICENCE ISSUED FROM THE DRUGSCONTROLLER.
EXT.P6:TRUE PHOTOSTAT COPY OF THE BUILDING PERMISSION.
EXT.P7:TRUE COPY OF THE REVISION PETITION INUNNUMBERED RCRP PENDING BEFORE THE HON'BLE DISTRICTCOURT, KOLLAM AGAINST THE ORDER IN EA 306/17 OF THE RENTCONTROL COURT, KOLLAM.
EXT.P8:TRUE COPY OF THE REVISION PETITION INUNNUMBERED RCRP PENDING BEFORE THE HON'BLE DISTRICTCOURT, KOLLAM AGAINST THE ORDER IN EP 151/17 OF THE RENTCONTROL COURT, KOLLAM.
EXT.P9: A TRUE COPY OF THE ORDER IN IA 2130/17 INUNNUMBERED RCRP PENDING BEFORE THE HON'BLE DISTRICTCOURT, KOLLAM.
EXT.P10:A TRUE COPY OF THE ORDER IN IA 2134/17 INUNNUMBERED RCRP PENDING BEFORE THE HON'BLE DISTRICTCOURT, KOLLAM.
EXT.P11:A TRUE COPY OF THE RENT AGREEMENT OF THE NEWBUILDING OF THE PETITIONER.
//True Copy//
A.M. SHAFFIQUE & ASHOK MENON, JJ.=========================== OP(RC) No. 215 of 2017
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Dated this, the 29[th] day of December, 2017
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J U D G M E N T
Shaffique, J.
This Original Petition had been filed seeking for an interimdirection to stay further proceedings in EP No.151/17 in RCPNo.32/12 pending before the Rent Control Court, Kollam. It issubmitted by the petitioners that though they have entered into acompromise with the landlord as evident from Ext.P1 and hadagreed to vacate the premises on or before 20/8/2017, on accountof certain difficulties faced in relocating the premises, petitionerswere unable to surrender possession of the said premises. In themeantime, landlord had preferred an Execution Petition as EPNo.151/17, and the Court had granted time only till 1/1/2018 forvacating the premises. It is submitted that petitioners had preferredtwo Rent Control Revision Petitions before the District Court, Kollamwhich remained unnumbered on account of the fact that the Courts are in vacation.
2. The request of the petitioners is for a month's time tovacate the premises.
3. The above request of the petitioners is opposed by thelearned counsel appearing for the respondent.
4. It is submitted that sufficient time had been grantedeven as per the compromise to vacate the premises. Even thoughthe petitioners did not vacate the premises, still the landlord hadprovided further four months' time. Even then, no steps had beentaken for vacating the above premises and therefore the Courtbelow had finally granted time upto 1/1/2018 to vacate thepremises. It is submitted that being a long pending matter, thepetitioners are unnecessarily dragging the issue and has evenpreferred Rent Control Revision Petitions before the District Court.
5. Learned counsel for the petitioners however submitsthat the petitioners are not interested to prosecute the RentControl Revision Petitions and the application for stay has alreadybeen rejected.
6. Learned counsel for the petitioners however reiteratesthat petitioners will surrender possession of the premises at the OP(RC) No.215/17
earliest. The entire premises is stocked with medicines with coldstorage facility and if it is removed through the process of Court,the entire medicine will have to be destroyed and cannot bestored unless the medicines are kept in a licenced premises.
7. Taking into account the above factual situation,despite the objection raised by the learned counsel for therespondent, we are of the view that some more time can begranted to vacate the premises.
Accordingly, this OP(RC) is disposed of as under:-
(i) That the petitioners shall be granted time upto 19/1/2018 tovacate the premises.
(ii) If the building is not vacated by the said time, it shall beopen for the Court below to pass appropriate orders on20/1/2018.
(iii) The case posted on 1/1/2018 shall be adjourned to20/1/2018.
(iv) The petitioners shall file a memo before the District Court towithdraw two unnumbered Rent Control Revision Petitions.
-:4:-
(v) Petitioners shall also file an affidavit before the Court belowundertaking to vacate the premises by 19/1/2018.
Rp
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/-ASHOK MENON, JUDGE
//True Copy//PS to Judge