Naresh Rohra Vora v. Laxmi Industries

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.3389 of 2007 Naresh Vora, aged about 50 years, Proprietor Trishul Trade Link Chandak Market, Gali No.1, Fafadih, Tahsil and District Raipur, Chhattisgarh ---- Petitioner versus Laxmi Industries, Partnership Firm, Registered Partnership Firm Head Office 67 Godown Street Chennai, Tamilnadu State, Branch Office Raipur Chhattisgarh, through Partner Adarsh Chandak S/o Radheshyam Chandak, Chandak Market, Fafadih, Raipur, Tahsil and District Raipur, Chhattisgarh ---- Respondent For Petitioner :

Shri Manoj Paranjpe, Advocate For Respondent :

None Hon'ble Shri Navin Sinha, Chief Justice Order on Board 14/12/2015 1.

Heard Learned Counsel for the Petitioner.

2.

On 7.9.2006 directions were given to deposit the arrears of rent from April, 2003 to September, 2006 at the rate of Rs.2,575/- per month. On 10.4.2007 noticing that the order had not been complied with, the defence was struck off.

3.

Learned Counsel for the Petitioner submits that the orders were stayed by this Court on 20.6.2007. He next submits that subsequently the necessary deposits have been made by the Petitioner. 4.

Because of the non-compliance of the order dated 7.9.2006 and 10.4.2007, the only appropriate order to be passed today is that if the Petitioner has complied with the orders for deposit, he has to be provided an opportunity of defence in accordance with law. If he has not complied with the orders by depositing the amount, the order dated 10.4.2007 calls for no interference.

5.

The writ application is disposed in the aforesaid terms and the interim order dated 20.6.2007 is vacated. The disposal of the suit be expedited subject to cooperation by the parties. Sd/- (Navin Sinha) CHIEF JUSTICE Gopal