caselaws
Supreme Court of India
Suresh Thakar vs Dr. Aditya Parakh And Ors on 30 March, 2017Author: Kurian
Bench: Kurian Joseph, R. Banumathi
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 4403/2017
SURESH THAKAR APPELLANT(S)
VERSUS
DR. ADITYA PARAKH AND ORS RESPONDENT(S)
WITH
C.A. NO. 4404/2017
J U D G M E N T
KURIAN, J.
1. On the question of law, as to whether the State of Chhattisgarh could
have enacted a law providing for an appeal straight to this Court,
bypassing the High Court of the State, we are not inclined to go into that
question in the peculiar facts of these cases. Findings are concurrent
against the appellants. It is also not in serious dispute that there is
wilful default in payment of rent.
2. In that view of the matter, these appeals are dismissed leaving the
question of law open.
3. On the request of the learned counsel for the appellants, the
appellants are granted time to vacate till 31.10.2017 on a condition that
the appellants will file usual undertaking before this Court within a month
from today. Towards use and occupation charges, the appellants will
continue to pay the same rent as has been fixed and the arrears, if any,
has to be cleared within one month from today. In case, there is any
violation of the conditions of the undertaking, the appellants shall be
visited with all consequences including the action for contempt of Court.
4. Pending applications, if any, shall stand disposed of.
5. There shall be no orders as to costs.
…………………..J.
[KURIAN JOSEPH]
…………………..J.
[R. BANUMATHI]
NEW DELHI;
MARCH 30, 2017.
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