Kerala High Court
Metropolitan Health Care (P) Ltd vs The Surya Clinics (P) Ltd on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
OP (RC).No.7 OF 2021
AGAINST ORDER DATED 18-11-2020 IN RCRP NO.1/2020 PASSED BY
FIRST ADDITIONAL DISTRICT COURT, THRISSUR CONFIRMING THE
ORDER DATED 19-08-2020 IN E.P NO.793 OF 2020 PASSED BY
PRINCIPAL MUNSIFF COURT, THRISSUR IN EXECUTION OF ORDER
NO.C6-14914/2020 OF ACCOMMODATION CONTROLLER, THRISSUR AND
ORDER DATED 18-11-2020 IN CRRP NO.2/2020 PASSED BY FIRST
ADDITIONAL DISTRICT COURT, THRISSUR CONFIRMING THE ORDER
DATED 07-08-2020 IN EP NO.793/2020 PASSED BY PRINCIPAL
MUNSIFF COURT, THRISSUR REGARDING MAINTAINABILITY OF EP.
PETITIONERS/REVISION PETITIONERS/JUDGMENT DEBTOR :
1 METROPOLITAN HEALTH CARE (P) LTD.
REPRESENTED BY ITS MANAGING DIRECTOR,
KOORKENCHERY P O, THRISSUR-680 007.
2 DR JAMES J CHETHIMATTAM,
MANAGING DIRECTOR,
METROPOLITAN HEALTH CARE(P) LTD,
KOORKENCHERY P O, THRISSUR-680 007.
BY ADV. SHRI.K.B.GANGESH.
RESPONDENTS/RESPONDENT/DECREE HOLDER :
1 THE SURYA CLINICS (P) LTD.
REPRESENTED BY ITS MANAGING DIRECTOR,
SOMASUNDARAN C V, MAYURA APARTMENTS,
AYYANTHOLE P O, THRISSUR-680 003.
O.P (R.C) No.7 of 2021 2
* ADDL. 2 TAHSILDAR AND ACCOMMODATION CONTROLLER
TALUK OFFICE, COLLECTORATE,
AYYANTHOLE, THRISSUR
PIN-680003.
(ADDL.RESPONDENT 2 IS IMPLEADED AS PER THE
ORDER DATED 27/01/2021 IN IA NO.2/2021)
R1 BY ADV. SRI.T.M.CHANDRAN
R2 BY GOVERNMENT PLEADER ADV.N.S.RAHANA.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (R.C) No.7 of 2021 3
A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.
--------------------------------------
O.P (R.C) No.7 of 2021
--------------------------------------
Dated this the 4th day of February, 2021
JUDGMENT
A.HARIPRASAD, J
Heard the learned counsel for the petitioners and respondents.
2. First petitioner, a Private Limited Company represented
through the second petitioner, viz.; its Managing Director, who owns a
building has come up before this Court, mainly aggrieved by Ext.P5 order
passed by the Accommodation Controller (second respondent), constituted
under Section 3(2) of the Kerala Buildings (Lease and Rent Control) Act,
1965 (in short 'the Act'), by invoking Section 13 of the Act. First respondent
is a tenant under the petitioners. Along with Ext.P5, Exts.P8 and P10 orders
passed by the Munsiff's Court, Thrissur in E.P No.793 of 2020 and an order
passed by the Ist Additional District Court, Thrissur in R.C.R.P No.1 of 2020
respectively are also challenged. The first respondent is running an
Infertility Clinic in the building owned by the petitioners. Ext.P1 is the
agreement showing the terms and conditions of tenancy. Alleging that the
petitioners have withdrawn electric supply in violation of Section 13 of the
Act, the first respondent approached the Accommodation Controller by
filing an application. Ext.P5 is the ex-parte interim order passed by the
Accommodation Controller against the petitioners directing them to restore
the electric supply. Pursuant to that, Ext.P6 execution petition was filed
before the Munsiff's Court, Thrissur under Section 14 of the Act. In that
matter, Ext.P8 order was passed relating to maintainability of the matter
and it was found that the execution petition is maintainable. Thereafter,
Ext.P9 order was passed by the Munsiff in the execution proceedings
finding that the second petitioner/second judgment debtor is liable to be
sentenced to undergo imprisonment for seven days under Order XXI Rule
32 of the C.P.C. This order was challenged before the Rent Control
Appellate Authority and as per Ext.10, the impugned order passed by the
Munsiff was confirmed. Hence the petitioners are before this Court.
3. Learned counsel for the petitioners drew our attention to an
interim order passed in a Rent Control Revision filed between the same
parties earlier. A Division Bench of this Court passed the following order :
" Await service.
When the matter came up for admission, we
especially directed to ensure the power connection to
be restored. When we took up the matter at 1.45 p.m
we were informed that the power used to be switched
on at 6.00 a.m in the morning and switched off 6.00
p.m in the evening. We direct that there shall not be
switching off the power at all. We direct the
petitioners herein to file an undertaking before the
District Court (Vacation Court) that they would not
disconnect the electricity till the final disposal of this
case. On such condition, we stay the operation of the
order dated 18-11-2020 of the Ist Additional District
Court, Thrissur in RCRP No.1 of 2020 and the order
in E.P No.793/2020 on the file of the Principal
Munsiff Court, Thrissur dated 19-08-2020. "
4. In compliance of the order mentioned above, the petitioners
have restored the electricity to the building occupied by the first
respondent. However, the petitioners have a grievance that from July 2016
onwards the first respondent is not paying neither rent nor electricity
charges. Per contra, learned counsel for the first respondent submitted that
subsequent to Ext.P1 agreement between the parties, there arose some
disputes between them. Thereafter, the petitioners installed a separate
metre for the purpose of supplying electricity to the first respondent's
premises. According to the learned counsel, the first respondent is ready
and willing to pay the amount legally due as recorded by the metre
installed in his premises. However, this is a factual question which we
cannot decide in this proceedings. Moreover, the learned counsel on both
sides submitted that the petitioners have filed an application for eviction of
the tenant/first respondent before the Rent Control Court concerned.
After hearing both sides, we are of the view that for disposal of
this petition, we should make the following directions :
1. Ext.P5 order passed by the Accommodation
Controller is hereby set aside.
2. The Accommodation Controller/2nd respondent
shall dispose of the petition filed by the first
respondent against the petitioners within a
period of one month from the date of receipt of a
copy of this judgment.
3. The order passed by the Rent Control Court
(Ext.P9) and the order passed thereon by the
Appellate Authority (Ext.10) are hereby set aside.
4. The contentious issues of facts shall be resolved
in the appropriate forum.
5. We hereby direct the first respondent to deposit a
sum of Rs.1,80,000/- (Rupees one lakh eighty
thousand only) towards the electric charges
within a period of one month before the Rent
Control Court concerned.
All pending interlocutory applications will stand closed.
A. HARIPRASAD,
JUDGE.
P.V.KUNHIKRISHNAN,
JUDGE
amk
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF AGREEMENT DATED 31.03.2015
EXECUTED BETWEEN THE 1ST PETITIONER AND
THE RESPONDENT.
EXHIBIT P2 TRUE COPY OF LAWYER NOTICE DATED
30.07.2019 ISSUED ON BEHALF OF THE
PETITIONERS TO THE RESPONDENT.
EXHIBIT P3 TRUE COPY OF REPLY DATED 03.09.2019 BY
RESPONDENT TO EXT.2.
EXHIBIT P4 TRUE COPY OF THE PETITION IN RCP NO.
199/2019 DATED 20.12.2019 BEFORE THE
RENT CONTROL COURT, THRISSUR.
EXHIBIT P5 TRUE COPY OF ORDER NO. C6-14914/2020
DATED 27/05/2020 ISSUED BY THE
ACCOMMODATION CONTROLLER, THRISSUR.
EXHIBIT P6 TRUE COPY OF PETITION IN EP NO 793/2020
ON THE FILE OF PRINCIPAL MUNSIFF COURT,
THRISSUR DATED 02.06.2020.
EXHIBIT P7 TRUE COPY OF THE OBJECTION PREFERRED BY
THE PETITIONERS IN EP NO. 793/2020.
EXHIBIT P8 TRUE COPY OF ORDER DATED 07/08/2020
PASSED BY PRINCIPAL MUNSIF COURT,
THRISSUR IN EP NO. 793/2020.
EXHIBIT P9 TRUE COPY OF ORDER DATED 19/08/2020
PASSED BY PRINCIPAL MUNSIFF COURT,
THRISSUR IN EP NO. 793/2020.
EXHIBIT P10 TRUE COPY OF THE ORDER PASSED BY FIRST
ADDITIONAL DISTRICT COURT, THRISSUR IN
RCRP NO. 1/2020 ON 18/11/2020.
EXHIBIT P11 TRUE COPY OF THE ORDER PASSED BY FIRST
ADDITIONAL DISTRICT COURT, THRISSUR IN
RCRP NO. 2/2020 ON 18/11/2020.
RESPONDENTS' EXHIBITS : NIL.
