Indian Bank v. Sun Tv Network Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2023
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN CRP.No.3459 of 2023 and C.M.P.No.21481 of 2023 Indian Bank, having its Saligraman Branch Office at No.23, Arunachalam Road, Saligramam, Chennai 600 093 And its Corporate Office, Represented by its Branch Manager P.B.No.5555,254-260, Avvai Shanmugam Salai, Royapettah, Chennai -600 014 And its Zonal Office Chennai North at Krest Building, II Floor, No.2 Jehangir Street, Chennai 600 001 .. Petitioner/Appellant
Versus
Sun TV Network Limited Having itsRegistered Office at Murasoli Maran Towers, No.73, MRC Nagar Main Road, MRC Nagar, Chennai - 600 028 Represented by its Authorised Signatory Mr.Jyothi Bashu
...Respondent
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Prayer: Civil Revision Petition is filed under Section 227 of Constitution of India to set aside the order dated 20.06.2023 passed in RLTA No.126 of 2023 on the file of III Additional City Civil Court, Chennai order dated 17.03.2022 passed in RLTOP No.729 of 2022 XI Small Causes Court at Chennai and pass orders. For Petitioner : Mrs. Hemalatha Suresh For Respondent : Mr.M.Narendran for King and Partridge
ORDER
This Civil Revision Petition has been filed to o set aside the order dated 20.06.2023 passed in RLTA No.126 of 2023 on the file of III Additional City Civil Court, Chennai and allow this Civil Revision petition.
2. The Revision Petitioner herein is the Respondent and the Respondent herein is the applicant in R.L.T.O.PNo.729 of 2022 filed before the XI Small Causes Court at Chennai. The Respondent herein 2/7
is the owner of the subject property and the petitioner herein is the tenant, who refused to enter into a lease agreement on the expiry of the lease agreement and also there was default in payment of rent, inspite of several reminders and notices from the petitioner. However, the Petitioner/tenant has not turned up to the legal notice and also not vacated from the premises. Therefore, the Respondent/Landlord herein filed R.L.T.O.P.No.729 of 2022 on the file of XI Court of Small Causes, Chennai to vacate the petitioner from the subject property. After perusing the records, the RLTOP was allowed with a direction to the petitioner herein to vacate and hand over the premises to the Respondent within one month from the date of receipt of a copy of the order. Challenging the same, the Petitioner/tenant has preferred an appeal in R.L.T.A.No.
126 of 2023 before the III Additional Judge, City Civil Court, Chennai who confirmed the order passed in R.L.T.O.P.No.729 of 2022 and dismissed the appeal vide order dated 20.06.2023. Aggrieved over the same, the petitioner/ tenant have filed the present Civil Revision Petition.
3. The learned counsel for the Revision petitioner submitted that the petitioner is a Nationalised Bank serving the general public at large 3/7
and they cannot vacate the subject premises immediately. He further submitted that they have now entered into a lease agreement with another party where some interior works are being carried out and till date the same was not completed. He further submitted that the petitioner will occupy the new premises and vacate and deliver the vacant possession of the schedule premises to the Respondent within a period of two months.
4. The learned counsel for the Respondent contend that already ample time has been given to the petitioner to vacate the subject property, but he not vacated and simply sought time to vacate the premises. Hence, he prays to dismiss the above Revision. 5.Heard the learned counsel for the Revision Petitioner/Tenant and the learned counsel for the Respondent/Land lord and perused materials available on record carefully and meticulously.
6. On a perusal of records it is seen that RLTOP is of the year 2022 and the learned Judge vide order dated 17.03.2023 directed the 4/7
petitioner herein to vacate the subject property and the same was also confirmed in R.L.T.A.No.126 of 2023 on 20.06.2023. Whileso, the petitioner still seeking time to vacate the subject property is not justifiable. Hence, this Court is of the view, that no leniency should be shown on the petitioner to vacate the premises. However, to shift the office and transport the official equipments time is granted till 20.10.2023. The petitioner is further directed to handover over the possession on or before 20.10.2023.
7.
With the above directions this Civil Revision petition is disposed of. No Order as to costs. Consequently the connected miscellaneous petition is closed.
22.09.2023 Speaking order : Yes/No Index : Yes/No smn 5/7
To
1. The Sun TV Network Limited Murasoli Maran Towers, No.73, MRC Nagar Main Road, MRC Nagar, Chennai - 600 028
2. The III Additional City Civil Court
3. The XI Small Causes Court at Chennai 6/7
V.BHAVANI SUBBAROYAN, J.
smn CRP.No.3459 of 2023 and C.M.P.No.21481 of 2023 22.09.2023 7/7