Case: Rajani Poddar & Ors. vs Vinline Engineering Pvt. Ltd. & Ors [F.M.A.T.575 of 2021 with CAN 1 of 2020]
Facts
The instant application was originally filed for ‘Extension of Interim Order’ but by consent of parties, the appeal itself was taken up for the recovery of possession against the respondents. It was contended that a lease was granted by a letter on 23rd July 2020 for a period of three years, for the initial lease rent of Rs.68,250/- payable. Further, the plaintiffs argued that the rent was increased timely and even after the expiry period, the possession was not handed over by the respondents.
Thereafter, The Court on 11th January 2021 had passed an ad-interim order restraining the respondents from creating any third-party interest or parting with possession either in whole or in part in favour of a third party for a limited period.
Petitioner’s arguments
The Petitioner argued that the respondents were trying to sublet, assign, transfer or part with possession in favour of a third party of the suit premises and therefore, the petitioner pleaded to pass the temporary injunction.
Respondent’s arguments:
The respondents submitted that they didn’t have any intention to sublet, assign, transfer or part thereof, with the possession in favour of the third party of the suit premises and thus, they must be allowed to contest the application for a temporary injunction.
Court’s observations
The Hon’ble Justice Harish Tandon and Justice Abhijit Gangopadhyay remarked that the continuance of the ad-interim order so passed wouldn’t cause any prejudice to the respondents but they should be allowed to contest the application for a temporary injunction. The Court further affirmed an ad-interim order of injunction against the respondents from subletting, assigning, transferring or parting with possession of the suit premises to a third party for a period of four months from date or until further order whichever is earlier. The Trial Court was also directed to dispose of the instant application within two weeks before the expiry period of exchange of affidavits.
Judgement
The Hon’ble Court disposed of the appeal along with the connected application. Further, it was laid down that the ad-interim order of injunction was passed with the consideration different to that of disposing of the application for the temporary injunction after the exchange of affidavits. Therefore, the Trial Court was free to consider other facts about the maintainability of the suit.
Click here to view the judgment.
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