Manoj Kumar Shakya vs Satishchandra Jain
2022 Latest Caselaw 5584 MP

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                       IN THE HIGH COURT OF MADHYA PRADESH
                                    AT GWALIOR
                                       MP No. 706 of 2022
                              (MANOJ KUMAR SHAKYA Vs SATISHCHANDRA JAIN)

Dated : 18-04-2022
               Shri Pawan Singh Raghuwanshi, learned counsel for the petitioner.

               Issue notice to the respondents on payment of process fee through

Registered A.D. as well as Ordinary modes within three working days. Notice be made returnable within four weeks.

Heard on IA No. 1043/2022, an application for ad-interim writ. Learned counsel for the petitioner has argued that while deciding the

application under Section 13 (6) of M.P. Accommodation Control Act, 1961 the Court below should have examined that the default as done by tenant in depositing the rent was intentional or it took place for bona fide reasons and then only should have passed the orders of striking off the defence. He further argued that due to pandemic Covid-19, his business had suffered and therefore, he could not deposit the rent and if he is given the facility of depositing rent in installment he would clear the entire dues. In such circumstances, learned counsel for the petitioner has placed reliance upon the judgment passed by Hon'ble Supreme Court in the case of Munna @ Mahendra Vs. Smt. Usha Devi reported in 2020 (1) MPWN 62.

Considering the submission made by learned counsel for the petitioner, further proceedings of Case No. RES A/115/2018 pending before Civil Judge, Class-II Vidisha, District Vidisha shall remain stayed, till the next date of hearing.

List the case in the week commencing 13.06.2022. Certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE

(LJ*)

LOKENDRA JAIN 2022.04.18 18:32:03 +05'30'