Kerala High Court
Arif Sulthan vs Trident Hotel on 8 July, 2021
RSA No.199/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Thursday, the 8th day of July 2021 / 17th Ashadha, 1943
IA.NO.4/2021 IN RSA NO. 199 OF 2021
AS 58/2018 OF SUB COURT,KOCHI.
OS.NO.385/2016 OF THE PRINCIPAL MUNSIFF COURT,KOCHI.
PETITIONER/APPELLANT:
ARIF SULTHAN, AGED 38 YEARS, S/O.LATE MOHAMMED SULTHAN DAR,
CRAFTERS AND ANTIQUE SHOP, BRISTOW ROAD, WILLINGTON ISLAND,
KOCHI-682 003.
RESPONDENT/RESPONDENT:
TRIDENT HOTEL, BRISTOW ROAD, WILLINGTON ISLAND, KOCHI-682
003, REPRESENTED BY ITS OWNER VIKRAM OBRAY.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant 3
months time to remove the articles belonging to the appellant
from the Plaint Schedule Shop room.
This Application coming on for orders upon perusing the
application and the affidavit filed in support thereof,and this
court's judgment dated 30.03.2021 and upon hearing the arguments
of SRI.B.RAMACHANDRAN, Advocate for the petitioner, the court
passed the following:
RSA No.199/2021 2/5
N. ANIL KUMAR, J.
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I.A.No.4/2021
in
R.S.A.No.199 of 2021
---------------------------------------------
Dated this the 8th day of July, 2021
ORDER
This is an application seeking to grant three months
time to remove the articles belonging to the appellant
from the plaint schedule shop room.
2. In the case on hand, the RSA was dismissed in
limine by this Court on 30.03.2021. However,
considering the submission made by the learned counsel
for the appellant, the appellant was given one year's time
to vacate the premises on his undertaking to file an
affidavit before the executing court agreeing to
surrender the scheduled room on expiry of one year
from the date of that judgment i.e. from 30.03.2021 and
also to pay the licence fee as agreed between the parties
as on date within a period of one month from the date of
that judgment and continue to pay the licence fee till the
RSA No.199/2021 3/5
I.A.No.4/2021
in
RSA No. 199 of 2021
..2..
,
date of surrender. It was further clarified that, in case of
failure to comply with the directions as stated herein
above, it is within the realm of the execution court to
execute the decree, in accordance with law.
3. Heard the learned counsel for the petitioner/
appellant.
4. The petitioner who is the appellant in the above
appeal filed this application stating that currently he is in
Jammu and Kashmir and he is not in a position to come
over to Kerala due to Covid-19 situation prevailing in the
State. He would say that he has decided to remove all his
articles from the plaint schedule shop room within three
months. In order to facilitate such removal of articles
from the plaint schedule shop room, he seeks three
months time as a special case.
5. On going through the affidavit, it is clear that
the petitioner/appellant has not deposited the licence fee
RSA No.199/2021 4/5
I.A.No.4/2021
in
RSA No. 199 of 2021
..3..
,
as agreed between the parties as on date within one
month from the date of the judgment and continued to
pay the licence fee as ordered by this court as per
judgment dated 30.03.2021. He also failed to file an
affidavit before the Executing Court in terms of the above
judgment as ordered by this Court. The petitioner who
has not remitted any amounts towards the arrears of
licence fee is asking for further relief taking advantage of
Covid-19 situation prevailing in the State. Even if the
petitioner is not in station, the payment of money towards
licence fee can be made by bank transfer. There is no
justification on his part in not paying the licence fee
though this Court was liberal in granting one year time
for him to surrender. A party, who has stoutly disobeyed
the order of this Court, is not entitled to get three months
time more as claimed by him. The application is liable to
be dismissed.
RSA No.199/2021 5/5
I.A.No.4/2021
in
RSA No. 199 of 2021
..4..
,
In the result, the interlocutory application is
dismissed. The Registry is directed to forward a copy of
this order to the executing court forthwith.
Sd/-
N. ANIL KUMAR, JUDGE
kkj
08-07-2021 /True Copy/ Assistant Registrar
