M/S. Indus Motor Company (PVT) LTD vs. Cheruvattath Pradeep Nair
Held
The High Court directed the appellate authority to condone the delay and decide the tenant's appeal on its merits, noting that the tenant had remitted all rent arrears, subsequent rent, and the GST amount. Execution proceedings were ordered to be kept in abeyance until the appellate authority's final disposal.
Facts
A tenant faced an eviction order for rent default and subsequent execution proceedings. The tenant filed an appeal with a 227-day delay and a stay application, but approached the High Court fearing eviction before these could be heard.
Key Issues
The key issues were whether the High Court should direct the appellate authority to condone delay and hear the appeal on merits, and if execution proceedings should be stayed, given the tenant's payment of all outstanding dues.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945 OP (RC) NO. 111 OF 2023 EA 14/2023 IN RCP 36/2020 OF PRINCIPAL MUNSIFF COURT, PALAKKAD PETITIONER/RESPONDENT/JUDGMENT DEBTOR: M/S. INDUS MOTOR COMPANY (PVT) LTD A PRIVATE LIMITED COMPANY,HAVING ITS CORPORATE OFFICE AT MG. ROAD, THEVARA, ERNAKULAM TALUK& DISTRICT- 682 015 REPRESENTED BY ITS DIRECTOR AFDHEL ABDUL WAHAB,AGED 33 YEARS,BUSINESS,S/O.P.V.ABDUL WAHAB PEEVEESMIRAGE,KODATHIPADI,NILAMBUR P.O.,NILAMBUR TALUK,MALAPPURAM DISTRICT, PIN - 679329 BY ADVS. K.MANOJ CHANDRAN P.R.AJITH KUMAR S.A.MANSOOR (PATTANAM) RESPONDENT/PETITIONER/DECREE HOLDER: CHERUVATTATH PRADEEP NAIR AGED 54 YEARS S/O. LATE PARAMESWARA PANICKER,EMPLOYED IN DUBAI,U.A.E., PERMANENT ADDRESS:"MEGNA", CHITTADI, THAMARAPADAM, VADAVANNUR.P.O, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678504 BY ADVS. B.ANANTHU ANTONY JOSEPH ARRYAPPALLY(K/128/2022) T.KRISHNANUNNI (SR.)(K/280/1973) THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(RC) No.1
The judgment continues below.
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