Sri Ranganatha Industries v. M/S.Automotive And Industrial Seals Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.64 of 2020 and C.M.P. Nos.2117 and 2125 of 2020 Sri Ranganatha Industries Partnership Rep by its Managing Partner Mr.Rajagopalan S/o.P.S.Ramanujachari No.10, West Club Road Senoy Nagar Chennai - 600 030
...Petitioner
vs.
M/s.Automotive and Industrial Seals Private Limited Registered Office at No.81-A, Trichy Main Road Ramalinga Madalayam Upstairs, Gugai Salem - 636 006 and also at M/s.Automotive and Industrial Seals Private Limited No.206, SIDCO Industrial Estate Ambattur Chennai - 600 098
...Respondents
Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw R.C.O.P. No.45 of 2018 on the file of District Munsif-cum-Rent Control Authority, Ambattur and to transfer the same to any other competent court at Small Causes Court, Chennai. For Petitioner : Mr.V.Bhiman for Mr.A.Ilayaperumal For Respondent : Mr.Stalin
O R D E R
This petition has been filed to withdraw R.C.O.P. No.45 of 2018 from the file of District Munsif-cum-Rent Control Authority, Ambattur and transfer the same to any other competent court at Small Causes Court, Chennai.
2. It is represented by the learned counsel appearing for the respondent that the entire amount of rent has already been paid, which has been refuted by the learned counsel appearing for the petitioner.
3. Admittedly, there is no need to transfer the rent control proceedings from the file of District Munsif-cum-Rent Control Authority, Ambattur, to any other court, as the rent proceedings can go ahead in the same court. Though in view of the latest enactment, the tenant has no right to continue to occupy the premises and once it is asked by the owner, the same has to be handed over to the owner.
4. In the present case on hand, the only grievance of the petitioner is that the amount has not been paid by the tenant, namely the respondent, to the landlord. This court does not want to delve in to the merits of the matter, as this court has already fixed a time limit to go ahead with the matter and conclude it, this court only directs that the trial may go on day to day basis, without adjourning the matter beyond two working days, to bring the issue to a logical end. The observations made in the matter touching the merits of the case is only for the disposal of the present transfer civil miscellaneous petition.
5. In case the Presiding Officer is not available, nothing prevents the Presiding Officer (in-charge) to take up the matter and decide the same. Once the regular Presiding Officer is appointed, he has to continue from the stage where the Presiding Officer (in-charge) has dealt with the matter.
6. With the above observation, the Transfer Civil Miscellaneous Petition is Disposed of.
No costs.
Consequently, the connected civil miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar (Asr) To :
1.The District Munsif-cum-Rent Control Authority, Ambattur
2. The Judge, Small Causes Court, Chennai
+1cc to Mr.A.Ilayaperumal, Advocate SR.No.14101 +1cc to Mr.Stalin, Advocate SR.No.14070 Tr.C.M.P.No.64 of 2020 and C.M.P. Nos.2117 and 2125 of 2020 VGII(CO) GMY(22/05/2020)