M/S ARTISTIC ART FORUM PVT. LTD. v. B. SITA MAHA LAKSHMI

Supreme Court of India · 10 Sep 2018 · 2018 INSC 800
Kurian Joseph; Sanjay Kishan Kaul
CIVIL APPEAL NO(S). 9215/2018
civil appeal_allowed

AI Summary

The Supreme Court modified the High Court's interim order by allowing the appellant to continue possession on payment of use and occupation charges and surrender vacant possession by a fixed date, disposing of the appeal.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 9215/2018
(ARISING FROM SLP (C) NO.13779/2018)
M/S ARTISTIC ART FORUM PVT. LTD. PETITIONER(S)
VERSUS
B. SITA MAHA LAKSHMI RESPONDENT(S)
JUDGMENT
KURIAN, J.
Leave granted.

2. The appellant is before this Court against the interim order passed by the High Court, whereby the stay on eviction was vacated.

3. The appellant through its counsel undertakes to surrender vacant possession of the premises in question on or before 31.03.2019. The undertaking is recorded. The impugned order stands modified, as above. The appellant shall continue to pay the use and occupation charges @ Rs.1.50 Lacs per month.

4. However, we make it clear that this arrangement is without prejudice to the contentions available to both the parties while the matter of mesne profits is tried.

5. The appellant shall file a usual undertaking within two weeks from today.

6. The appeal is, accordingly, disposed of. 2018 INSC 800

7. Pending applications, if any, shall stand disposed of.

8. There shall be no orders as to costs ........................ J. [KURIAN JOSEPH] ....................... J. [SANJAY KISHAN KAUL] NEW DELHI; SEPTEMBER 10, 2018.