Asian House, A Partnership Firm v. Chambre De Commerce

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2019

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA CRP(NPD).Nos.4017 & 4019 of 2018 and C.M.P.Nos.

22244, 22250 of 2018 & 5419 of 2019 Asian House, A Partnership Firm, Rep. by its Partner T.Arulkumaran, No.7, Subbiah Salai, (Near Ashram Park Guest House), South Bouleward, Pondicherry.

..Petitioner/Appellant in CRP(NPD).No.4017/2018 I.Wahita Shajahan, Proprietor of Hasan Associates, Godown No.1 Subbiah Salai, (Near Ashram Park Guest House), Pondicherry - 605 001.

..Petitioner/Appellant in CRP(NPD).No.4019/2018 Vs Chambre De Commerce, A registered Society, Represented by its President, Mr.Shenbakarajan, No.1, Rue Suffren, Ponducherry.

..Respondent/ Respondent in both petitions COMMON PRAYER: These Civil Revision Petitions filed under Section 25 of the Pondicherry Buildings (Lease and Rent Controll) Act, 1969 to set aside the Fair and Final Order dated 19.09.2018 made in I.A.Nos.104, 105 of 2018 in R.C.A.Nos.2, 4 of 2018 on the file of the Principal District Court, Puducherry.

For Petitioner in both petitions : Mr.K.S.Karthik Raja For Respondent in both petitions : Mr.D.Ravichander

C O M M O N O R D E R The learned counsel for the respondent in the Civil Revision Petitions has produced orders of this Court dated 21.01.2019, passed in the connected RCAs, where this Court was pleased to pass the following order:

"4. Taking into consideration the submissions made by the learned counsel for the respondent herein / landlord and also the stage of the appeal proceedings, the learned Principal District Judge, Puducherry, shall endeavour to dispose of the appeals in RCA.Nos.3 and 6 of 2018 as expeditiously as possible, in any event, within a period of four months from the date of receipt of copy of this order. 5.Accordingly, the Civil Revision Petitions stand disposed of. No Costs. Consequently, connected Miscellaneous Petitions are closed." Considering the fact that the case in the present Civil Revision Petitions are also similar to the facts of the cases disposed of, this court is inclined to pass the very same order. It is brought to the notice of this Court by the learned counsel for the revision petitioners that the respondent is taking steps to have the license of the petitioners cancelled, which is a clandestine attempt to evict the revision petitioners.

It is made clear that the respondent shall not do any act to vacate the revision petitioners from the premises either by forcibly evicting him or interfering in his business. The learned counsel appearing on behalf of the respondent also undertakes that he shall suitably advice his client. The undertaking is recorded. Taking into consideration the submissions made by the learned counsel for the respondent / landlord and also the stage of the appeal proceedings, the learned Principal District Judge, Puducherry, shall endeavour to dispose of the appeals in RCA.Nos.2 and 4 of 2018 as expeditiously as possible, in any event, within a period of four months from the date of receipt of copy of this order. Accordingly, these Civil Revision Petitions stand disposed of. No Costs. Consequently, connected Miscellaneous Petitions are closed.

06.03.2019 dua Index: Yes/No Internet: Yes/No Speaking order / Non-speaking order To The learned Principal District Court, Puducherry.

P.T.ASHA, J.

dua CRP(NPD).Nos.4017 & 4019 of 2018 06.03.2019