Madras High Court
The Indian Oil Corporation ... vs Mr.Vivekanandan .. 1St on 4 April, 2022
O.S.A.Nos. 48 and 49 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2022
CORAM :
THE HON'BLE MR. JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI
O.S.A.Nos. 48 and 49 of 2022
and C.M.P. Nos. 5275 & 5292 of 2022
The Indian Oil Corporation Limited,
Southern Regional Office,
At No.139, Nungambakkam High Road,
Chennai – 600 034.
Rep. By its Chief Manager. .. Appellant in both OSAs
v.
1. Mr.Vivekanandan .. 1st Respondent in O.S.A. No.48/2021
and Respondent in O.S.A. No.49/2021
2. Ms. Kavitha Ravichandran
3. Ms. Deepa Udday Kumar
4. Ms.Priyadrshini Vivekanandan
5. Hari Venkata Subamanium
... Respondents 2 to 5 in O.S.A. No.48/2021
https://www.mhc.tn.gov.in/judis
O.S.A.Nos. 48 and 49 of 2022
O.S.A.No.48 of 2021: Original Side Appeal filed under Clause 15 of
Letters Patent and under section 13 of the Commercial Courts Act, 2015,
against the Judgment and Decree dated 17.12.2019 made in C.S..No.628
of 2018 in Ordinary Original Civil Jurisdiction of this court.
O.S.A.No.49 of 2021: Original Side Appeal filed under Clause 15 of
Letters Patent and under section 13 of the Commercial Courts Act, 2015,
against the Judgment and Decree dated 17.12.2019 made in
Tr.C.S..No.560 of 2019 in Ordinary Original Civil Jurisdiction of this
court.
For Appellants : Mr. Mr. Vijay Meganathan
(in both Appeals)
For Respondent : Mr. Utham Joseph Cheriyan
(in both Appeals)
COMMON JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
When the Original Side Appeals are taken up for hearing on
01.04.2022, Mr. Vijay Meganathan, learned counsel appearing for the
appellant submitted that instead of going into the merits of the common
judgment and decree passed by the learned Single Judge in C.S.No.628
of 2018 and Tr.C.S.No.560 of 2019, it would be suffice to grant three
months time to the appellant to vacate and hand over vacant possession
https://www.mhc.tn.gov.in/judis
O.S.A.Nos. 48 and 49 of 2022
of the suit property to the respondents-landlords. Mr. Utham Joseph
Cheriyan, learned counsel appearing for the respondents, had no
objection for granting three months time. Recording the submissions
made by the learned counsel on either side, this court, posted the Original
Side Appeals on 04.04.2022 to file an affidavit of undertaking by the
appellant-Corporation.
2. Accordingly, the Original Side Appeals are posted today and
the learned counsel for the appellant filed an affidavit of undertaking
dated 04.04.222, wherein it has been stated as follows:-
".......... 5. I submit that the Corporation is
operating a retail outlet in the suit schedule property and
there are petroleum products in the retail outlet the same
are highly inflammable and are to be handled by trained
personnel. I submit that as this Hon'ble Court has held
that Corporation does not have a right to be on the
property, it is humbly requested that the Corporation
may be permitted to sell the products available in the
retails outset as of date.
6. I submit that the Corporation undertakes to
vacate and handover the suit schedule property within
three months as removal of underground storage tanks,
degassing, dispensing units, etc. which has its
inherent safety hazards are to be handled with trained
personnel. ......”
https://www.mhc.tn.gov.in/judis
O.S.A.Nos. 48 and 49 of 2022
3. The averments stated in the affidavit filed in support of the
Original Side Appeals are recorded and the above Original Side
appeals are disposed of by granting three months time to the
appellant-Corporation to vacate and hand over vacant possession of
the suit property to the respondents-landlords without driving them to
initiate execution proceedings. It is needless to say that till the
appellant-Corporation vacate and hand over vacant possession of the
suit property, they shall continue to pay the monthly rents to the
respondents-landlords without any default. No costs. Consequently,
connected Miscellaneous Petitions are closed.
[M.D., J.] [T.V.T.S., J.]
04.04.2022
Index : Yes/No
Speaking Order/Non Speaking Order
Rj
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
https://www.mhc.tn.gov.in/judis
O.S.A.Nos. 48 and 49 of 2022
Rj
O.S.A.Nos. 48 and 49 of 2022
and C.M.P. Nos.5292 & 5275 of 2022
04.04.2022
https://www.mhc.tn.gov.in/judis
