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Madras High CourtCMP/18566/2016disposed of

M/S Kiran Wirennetting Company v. Mrs.P.M.Geethalakshmi

2016-11-29Honourable Mr Justice M.Duraiswamy3 pages

C.M.P.No.18566 of 2016 in in C.R.P.(NPD).No.3199 of 2016 M.DURAISWAMY,J.

By order dated 05.10.2016, this Court granted an order of interim stay on condition that the petitioner/tenant depositing a sum of Rs.3,00,000/- towards arrears of the difference in fair rent to the credit of R.C.O.P.No.1844 of 2012 on the file of the XV Judge, Court of Small Causes, Chennai within a period of six weeks.

2.Now, the petitioner has come forward with the above petition to modify the order permitting them to deposit a sum of Rs.2,14,188/- instead of Rs.3,00,000/- and also to extend the time for payment by three months. 3.In the affidavit filed in support of the petition, the petitioner has expressed sum difficulty in depositing the sum of Rs.3,00,000/- to the credit of the R.C.O.P.

4.Mr.T.Pramod Kumar Chopda, learned counsel appearing for the petitioner submitted that in view of the financial crunch, the petitioner is not in a position to comply with the order dated 05.10.2016 and that the petitioner may be permitted to pay a sum of Rs.1,00,000/- within a period of three weeks and the balance sum of Rs.2,00,000/- on or before 30.04.2017.

M.DURAISWAMY,J.

va 5.Mr.N.Nagu Sah, learned counsel appearing for the respondent/ landlord submitted that instead of the tenant depositing the amounts as stated above to the credit of RCOP, the tenant may be directed to pay the amounts directly to the respondent/landlord.

6.Having regard to the submission made by the learned counsel on either side, I modify the order dated 05.10.2016 and I direct the petitioner/ tenant to pay the sum of Rs.1,00,000/- (Rupees one lakh only) directly to the respondent/landlord within three weeks from the date of receipt of a copy of this order and further, direct the petitioner/tenant to pay the balance sum of Rs.2,00,000/- (Rupees two lakhs only) directly to the respondent/landlord on or before 30.04.2017. It is also made clear that the petitioner shall continue to pay the future rents directly to the respondent/ landlord at the rate of Rs.11,112/- per month till the disposal of the Civil Revision Petition.

7.With the above observation, the petition is disposed of. Va 29.11.2016 C.M.P.No.18566 of 2016 in in C.R.P.(NPD).No.3199 of 2016

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