Dewa Properties Limited vs the General Manager, Canara Bank

Dewa Properties Limited vs The General Manager, Canara Bank

Type Court Judgment Court Kerala Decided Aug 02, 2021

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https://sooperkanoon.com/case/1643802

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Citation: sooperkanoon.com/1643802
Court: Kerala High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mrs. Justice M.R.Anitha
Decided On: Aug 02, 2021
Case Number: OP (RC)/61/2021

Parties & Advocates

Appellant / Petitioner

Dewa Properties Limited

Respondent

The General Manager, Canara Bank

Excerpt

.....the order in r.c.r.no.183 of 2020 has been -3- filed, which is pending consideration before this court.3. along with i.a.no.1 of 2021, the petitioner has placed on record ext.p8 order of this court dated 24.06.2021 in r.p.no.381 of 2021 and ext.p9 order dated 19.11.2020 in r.c.rev.no.183 of 2020.4. by the order dated 20.07.2021, registry wasdirected to call for a report from the rent control appellate court, thiruvananthapuram, as to the present status of r.c.a.no.18 of 2020 and the time limit required for its final disposal.5. pursuant to the aforesaid order, vide letter dated26.07.2021, the rent control appellate court has reported that r.c.a.no.18 of 2020 has been included in the cause list for physical hearing, on 28.07.2021, and that, the matter can be finally disposed of within one month from that date.6. heard the learned counsel for the petitioner and also the learned counsel for the respondents.7. the learned counsel on both sides would submit that the final hearing of the appeal has already been commenced before the rent control appellate authority, -4- thiruvananthapuram on 28.07.2021. in such circumstances, this original petition is disposedof by directing the rent control appellate court, thiruvananthapuram to finally dispose of r.c.a.no.18 of 2020 within a period of one month from 28.07.2021, as stated in the report dated 26.07.2021.sd/- anil k.narendran, judge sd/- m.r.anitha, judge av/4/8 -5- appendix of op (rc) 61/2021 petitioner exhibits exhibit p1 the true copy of the rcp 48/2019 before rent control court, trivandrum. exhibit p2 the true copy of the judgment in rcr hon'ble court. exhibit p3 the true copy of the judgment dated 10.06.20 in op (rc) 74/2020 of this hon'ble court. exhibit p4 the true copy of the judgment in op(rc) no. 91/2020 of this hon'ble court dated 24.08.2020. exhibit p5 the true copy of the rca 18/2020 before rent control appellate court (district court), thiruvananthapuram. exhibit p6 the true copy of the order.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MRS. JUSTICE M.R.ANITHA MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 R.C.A.NO.18/2020 OF THE RENT CONTROL APPELLATE COURT (DISTRICT COURT), THIRUVANANTHAPURAM PETITIONER/RESPONDENT IN RCA 1/2020 : M/S.DEWA PROPERTIES LIMITED ANNA SALAI, CHENNAI-600 002, NOW REPRESENTED BY ITS DIRECTOR, SHASHIKUMAR, AGED 56 YEARS, S/O. LATE MADHAVAN NAIR, 3, AVENUE ROAD, NUNGAMBAKKAM, CHENNAI-34. BY ADVS. PRAVEEN K. JOY(P-337)-19363 E.S.SANEEJ M.P.UNNIKRISHNAN M.K.SAMYUKTHA N.ABHILASH DEEPU RAJAGOPAL RESPONDENTS/PETITIONERS IN RCA 18/2020: 1 THE GENERAL MANAGER, CANARA BANK JC ROAD, BANGALORE 560 002. 2 THE MANAGER CANARA BANK, SPENCER JUNCTION, M C ROAD, THIRUVANANTHAPURAM-695 001 BY ADVS. C.MURALIKRISHNAN (PAYYANUR) ABRAHAM GEORGE JACOB THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

Anil K. Narendran, J.

The petitioner is the landlord in R.C.P.No.48 of 2019 on the file of the Rent Control Court, Thiruvananthapuram and the respondent in R.C.A.No.18 of 2020 on the file of the Rent Control Appellate Authority (District Court), Thiruvananthapuram. The petitioner has filed this original petition under Article 227 of the Constitution of India, seeking a direction to the Rent Control Appellate Authority, Thiruvananthapuram to take up R.C.A.No.18 of 2020, and issue appropriate direction to deposit the arrears of rent,

within a time limit. The petitioner has also sought for an order

directing the Rent Control Appellate Authority, Thiruvananthapuram, to consider and dispose of R.C.A.No.18 of 2020 within a time limit to be fixed by this Court.

2. On 07.06.2021, when this original petition came up

for admission, the learned counsel for the respondents submitted that in the light of Ext.P7 order of the Apex Court dated 23.02.2021 in SLP(Civil)No.1540 of 2021, a petition seeking review of the order in R.C.R.No.183 of 2020 has been -3- filed, which is pending consideration before this Court.

3. Along with I.A.No.1 of 2021, the petitioner has placed on record Ext.P8 order of this Court dated 24.06.2021 in R.P.No.381 of 2021 and Ext.P9 order dated 19.11.2020 in R.C.Rev.No.183 of 2020.

4. By the order dated 20.07.2021, Registry was

directed to call for a report from the Rent Control Appellate Court, Thiruvananthapuram, as to the present status of R.C.A.No.18 of 2020 and the time limit required for its final disposal.

5. Pursuant to the aforesaid order, vide letter dated

26.07.2021, the Rent Control Appellate Court has reported that R.C.A.No.18 of 2020 has been included in the cause list for physical hearing, on 28.07.2021, and that, the matter can be finally disposed of within one month from that date.

6. Heard the learned counsel for the petitioner and also the learned counsel for the respondents.

7. The learned counsel on both sides would submit that the final hearing of the appeal has already been commenced before the Rent Control Appellate Authority, -4- Thiruvananthapuram on 28.07.2021. In such circumstances, this original petition is disposed

of by directing the Rent Control Appellate Court, Thiruvananthapuram to finally dispose of R.C.A.No.18 of 2020 within a period of one month from 28.07.2021, as stated in the report dated 26.07.2021.

Sd/- ANIL K.NARENDRAN, JUDGE Sd/- M.R.ANITHA, JUDGE AV/4/8 -5- APPENDIX OF OP (RC) 61/2021 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE RCP 48/2019 BEFORE RENT CONTROL COURT, TRIVANDRUM. EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN RCR HON'BLE COURT. EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 10.06.20 IN OP (RC) 74/2020 OF THIS HON'BLE COURT. EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN OP(RC) NO. 91/2020 OF THIS HON'BLE COURT DATED 24.08.2020. EXHIBIT P5 THE TRUE COPY OF THE RCA 18/2020 BEFORE RENT CONTROL APPELLATE COURT (DISTRICT COURT), THIRUVANANTHAPURAM. EXHIBIT P6 THE TRUE COPY OF THE ORDER IN IA NO. CONTROL APPELLATE COURT (DISTRICT COURT), THIRUVANANTHAPURAM DATED 17.12.20. EXHIBIT P7 THE TRUE COPY OF THE ORDER IN SLP NO. COURT OF INDIA. EXHIBIT P8 THE TRUE COPY OF THE ORDER IN RP HON'BLE COURT EXHIBIT P9 THE TRUE COPY OF THE ORDER IN RCREV HON'BLE COURT

Same Court & Year Kerala · 2021 Same Parties Dewa Properties Limited vs The General Manager, Canara Bank Same Judge Honourable Mr. Justice Anil K.Narendran,Honourable Mrs. Justi...