(Kurian Joseph and R. Banumathi, JJ.)
M/s. Goel Roadways ________________________________ Appellant
v.
M/s. Indira Lodging Pvt. Ltd. _________________________ Respondent
Civil Appeal No. 6451 of 2017 [@ Special Leave Petition (C) No. 11707 of 2017], decided on May 9, 2017
The Judgement of the Court was delivered by
Kurian, J.:—
1. Leave granted.
2. The appellant is the tenant who has suffered the order regarding mesne profits to the tune of Rs. 60,000/- per month. When the matter came up before this Court, having heard the caveator also, a suggestion was put whether the appellant is willing to surrender vacant possession so as to purchase peace, in which case, the landlord may not claim any mesne profits.
3. Though reluctantly, the landlord has agreed to the proposal. The learned senior counsel appearing for the appellant, on instruction, submits that the vacant possession of the premises will be handed over on or before 14.05.2017 before 8.00 PM. The undertaking is recorded. We make it clear that in case the undertaking is violated, the appellant shall be visited with all legal actions including contempt of court.
4. In that view of the matter, the impugned order passed by the High Court is set aside. The revision filed by the appellant is dismissed and order passed by the Rent Controller is restored.
5. Mr. Manoj Gorkela, learned counsel, is appointed as Advocate Commissioner for the smooth handing over of the premises to the respondent. The appellant is directed to pay an amount of Rs. 50,000/- (Rupees Fifty Thousand) to the Advocate Commissioner.
6. In view of the above, the appeal is disposed of. Pending interlocutory applications, if any, stand disposed of.
Petition(s) for Special Leave to Appeal (C) No(s). 11707/2017
M/s. Goel Roadways ________________________________ Petitioner
v.
M/s. Indira Lodging Pvt. Ltd _________________________ Respondent
Date: 09/05/2017 This petition was called on for hearing today.
(Before Kurian Joseph and R. Banumathi, JJ.)
For Petitioner(s) Mr. V.K. Gupta, Sr. Adv.
Mr. Shishir Deshpande, Adv.
Ms. Ruchira Gupta, Adv.
Mr. Anurag Sharma, Adv.
For Respondent(s) Mr. Bimlesh Kumar Singh, Adv.
UPON hearing counsel the Court made the following
Order
7. Leave granted.
8. The appeal is disposed of in terms of the signed non-reportable Judgment.
9. Pending interlocutory applications, if any, stand disposed of.
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