Dewa Properties Limited vs The General Manager, Canara Bank
2021 Latest Caselaw 16051 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                             &
          THE HONOURABLE MRS. JUSTICE M.R.ANITHA
 MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                  OP (RC) NO. 61 OF 2021
  R.C.A.NO.18/2020 OF THE RENT CONTROL APPELLATE COURT
           (DISTRICT COURT), THIRUVANANTHAPURAM
PETITIONER/RESPONDENT IN RCA 1/2020 :

         M/S.DEWA PROPERTIES LIMITED
         ANNA SALAI, CHENNAI-600 002, NOW REPRESENTED BY
         ITS DIRECTOR, SHASHIKUMAR, AGED 56 YEARS, S/O.
         LATE MADHAVAN NAIR, 3, AVENUE ROAD,
         NUNGAMBAKKAM, CHENNAI-34.

         BY ADVS.
         PRAVEEN K. JOY(P-337)-19363
         E.S.SANEEJ
         M.P.UNNIKRISHNAN
         M.K.SAMYUKTHA
         N.ABHILASH
         DEEPU RAJAGOPAL


RESPONDENTS/PETITIONERS IN RCA 18/2020:

    1     THE GENERAL MANAGER, CANARA BANK
          JC ROAD, BANGALORE 560 002.

    2     THE MANAGER
          CANARA BANK, SPENCER JUNCTION, M C ROAD,
          THIRUVANANTHAPURAM-695 001

         BY ADVS.
         C.MURALIKRISHNAN (PAYYANUR)
         ABRAHAM GEORGE JACOB

     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                        -2-

OP (RC) NO. 61 OF 2021



                                JUDGMENT

Anil K. Narendran, J.

The petitioner is the landlord in R.C.P.No.48 of 2019 on

the file of the Rent Control Court, Thiruvananthapuram and

the respondent in R.C.A.No.18 of 2020 on the file of the Rent

Control Appellate Authority (District Court),

Thiruvananthapuram. The petitioner has filed this original

petition under Article 227 of the Constitution of India, seeking

a direction to the Rent Control Appellate Authority,

Thiruvananthapuram to take up R.C.A.No.18 of 2020, and

issue appropriate direction to deposit the arrears of rent,

within a time limit. The petitioner has also sought for an order

directing the Rent Control Appellate Authority,

Thiruvananthapuram, to consider and dispose of R.C.A.No.18

of 2020 within a time limit to be fixed by this Court.

2. On 07.06.2021, when this original petition came up

for admission, the learned counsel for the respondents

submitted that in the light of Ext.P7 order of the Apex Court

dated 23.02.2021 in SLP(Civil)No.1540 of 2021, a petition

seeking review of the order in R.C.R.No.183 of 2020 has been

OP (RC) NO. 61 OF 2021

filed, which is pending consideration before this Court.

3. Along with I.A.No.1 of 2021, the petitioner has

placed on record Ext.P8 order of this Court dated 24.06.2021

in R.P.No.381 of 2021 and Ext.P9 order dated 19.11.2020 in

R.C.Rev.No.183 of 2020.

4. By the order dated 20.07.2021, Registry was

directed to call for a report from the Rent Control Appellate

Court, Thiruvananthapuram, as to the present status of

R.C.A.No.18 of 2020 and the time limit required for its final

disposal.

5. Pursuant to the aforesaid order, vide letter dated

26.07.2021, the Rent Control Appellate Court has reported

that R.C.A.No.18 of 2020 has been included in the cause list

for physical hearing, on 28.07.2021, and that, the matter can

be finally disposed of within one month from that date.

6. Heard the learned counsel for the petitioner and

also the learned counsel for the respondents.

7. The learned counsel on both sides would submit

that the final hearing of the appeal has already been

commenced before the Rent Control Appellate Authority,

OP (RC) NO. 61 OF 2021

Thiruvananthapuram on 28.07.2021.

In such circumstances, this original petition is disposed

of by directing the Rent Control Appellate Court,

Thiruvananthapuram to finally dispose of R.C.A.No.18 of 2020

within a period of one month from 28.07.2021, as stated in

the report dated 26.07.2021.

Sd/-

ANIL K.NARENDRAN, JUDGE

Sd/-

M.R.ANITHA, JUDGE

AV/4/8

OP (RC) NO. 61 OF 2021

APPENDIX OF OP (RC) 61/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE RCP 48/2019 BEFORE RENT CONTROL COURT, TRIVANDRUM.

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN RCR 154/2014 DATED 03.04.2017 OF THIS HON'BLE COURT.

EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 10.06.20 IN OP (RC) 74/2020 OF THIS HON'BLE COURT.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN OP(RC) NO. 91/2020 OF THIS HON'BLE COURT DATED 24.08.2020.

EXHIBIT P5 THE TRUE COPY OF THE RCA 18/2020 BEFORE RENT CONTROL APPELLATE COURT (DISTRICT COURT), THIRUVANANTHAPURAM.

EXHIBIT P6 THE TRUE COPY OF THE ORDER IN IA NO.

1/2020 IN RCA NO. 18/2020 OF RENT CONTROL APPELLATE COURT (DISTRICT COURT), THIRUVANANTHAPURAM DATED 17.12.20.

EXHIBIT P7 THE TRUE COPY OF THE ORDER IN SLP NO.

1540/2021 DATED 23.02.2021 OF SUPREME COURT OF INDIA.

EXHIBIT P8 THE TRUE COPY OF THE ORDER IN RP 381/2021 DATED 24/06/2021 OF THIS HON'BLE COURT

EXHIBIT P9 THE TRUE COPY OF THE ORDER IN RCREV 183/2020 DATED 19.11.2020 OF THIS HON'BLE COURT