Madras High CourtCMP/14884/2017ordered

S.M.K.K.S.Chinnappa Chettiar v. C.S.Vasanth Kumar

2017-12-06Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Sixth day of December Two Thousand Seventeen PRESENT THE HON`BLE MR.JUSTICE D.KRISHNAKUMAR CMP No.14884 of 2017 and CMP Nos.5448 & 5449 of 2017 in CRP NPD Nos.1137 & 1138/2017 1 S.M.K.K.S.CHINNAPPA CHETTIAR [ PETITIONERS IN ALL THE & CO., (BUTTER AND GHEE DEALERS), PETITIONS ] REP.BY ITS PARTNER, C.BALASUBRAMANIAN OLD NO.59-61, N.NO.101, SUBBIAH MUDALIAR STREET, COIMBATORE - 641 001.

2 C.BALASUBRAMANIAN Vs C.S.VASANTH KUMAR [ RESPONDENT IN ALL THE PETITIONS ] Petitions praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to (1)pass an order granting extension of time for compliance of the conditional order dated 28.03.2017 passed by this Hon'ble Court in CMP No.5449 of 2017 in CRP No. 1138 of 2017 (in CMP.14884/2017);

(2)To pass an order of Ad-Interim Stay of all further proceedings dt.25.06.2013 in RCOP No.107 of 2007 on the file of Principal District Munsif Court, (Rent Controller), Coimbatore confirmed in RCA 31/2013 on 09.09.2016 Principal Sub Judge, Coimbatore (in CMP.5448/2017) and (3)To Ad-Interim Stay of all further proceedings in RCOP No.233 of 2007 on the file of Principal District Munsif Court, (Rent Controller) Coimbatore confirmed in RCA 32/2013 on 09.09.2016 Principal Sub Judge, Coimbatore (in CMP.5449/2017) respectively pending CRP NPD Nos.1137 & 1138 of 2017.

Order :These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.D.BASKAR, Advocate for the petitioner in all the petitions and of MR.T.R.RAJARAMAN SC on behalf of the Respondent in all the petitions the court made the following order:- The petitioner has filed the present application for extension of time to deposit the conditional amount. According to the petitioner, the conditional order passed by this Court on 28.03.2017 could not be complied with for the reason that the petitioner is not in a position to mobilise the said amount. Therefore, he has filed the present application for extension of further time to comply with the conditional order passed by this Court.

2. The learned senior counsel appearing for the respondent objected for granting extension of time on the ground that the petitioner has to pay the arrears of rent of Rs.8,40,000/- as on today.

3. Therefore, the petitioner shall comply with the conditional order of this Court within the time framed by this Court and the balance arrears of rent is concerned, that shall be decided at later stage.

4. In view of the above, this Court is inclined to grant further two weeks' time from today to comply with the conditional order dated 28.03.2017 passed by this Court.

5. If any default in complying with the conditional order passed by this Court, the interim order already granted by this Court stands automatically vacated.

-sd/- 06/12/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, COIMBATORE.

2 THE PRINCIPAL DISTRICT MUNSIF COIMBATORE.

C.C. to M/S.N.R.RAJAGOPAL Advocate SR.NO.15494 C.C. to M/S.P.VEENA SURESH Advocate SR.NO. 15520 Order in CMP.14884/2017 and CMP.5448 & 5449/2017 in CRP NPD.1137 & 1138/2017 Date :06/12/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 07.12.2017 (I.T)