Sumithra v. P.Vasugi And 9 Others

A.No. 4561 of 2019 in C.S.No. 582 of 2014 R.SUBRAMANIAN, J.

This application has been filed seeking condonation of an unduly long delay of 1686 days in filing the written statement.

2. The suit is one for recovery of the difference between the agreed rent and the fair rent fixed by the Court. It is not in dispute that the fixation of fair rent has become final. The difference in rent as per the fixation is Rs.1,26,867/- per month. The petition for fixation of fair rent under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 was filed on 28.07.2000 and the defendant/applicant vacated the premises on 25.02.2008. Thus, it could be seen that the defendant is liable to pay fair rent for a period of 91 months during the occupation of the premises belonging to the plaintiff/respondent. The arrears of rent alone works out to Rs.1,15,44,897/-. The suit is already pending for 5 years.

3. The only reason given for the delay is that the proceedings were pending before the BIFR and AAIFR under Section 7 of Sick Industrial Companies (Special Provisions) Act, 1986 and that there was an attempted settlement. It is also seen that winding up the proceedings launched by the plaintiff against the defendant were dismissed by the National Company Law http://www.judis.nic.in

R.SUBRAMANIAN, J.

kkn Tribunal on 24.07.2017. Hence, there is no embargo in plaintiff seeking recovery of atleast the admitted arrears. The money claimed being a statutory liability, I do no think that the applicant/defendant should be allowed to contest the suit without showing its bonafidees or its ability to pay up in the event the suit is decreed.

4. Hence, the delay is condoned subject to the condition that the defendant/applicant deposits a sum of Rs.50,00,000/- (Fifty Lakhs only) to the credit of the suit on or before 09.08.2019. Post on 13.08.2019 for compliance. 08.07.2019 kkn A.No. 4561 of 2019 in C.S.No. 582 of 2014 http://www.judis.nic.in