Disposed

M/S.Golden Fork Restaurant & Catering Company Ltd. v. the Managing Director, Vytila Mobility Hub Society

Kerala HC8 Dec 2017WP(C)/29463/2017

Case brief

AI extract

What is this about?

Kerala HC disposed of a writ petition by directing the petitioner to pay arrears of rent immediately in installments, allowing continued operation on condition of payment compliance, and permitting termination on default.

What did the court decide?

Petitioner directed to pay Rs. 20 lakhs by 31.12.2017 and balance in quarterly installments; allowed to operate on condition of compliance.

M/S.Golden Fork Restaurant & Catering… — Contract and Commercial Disputes | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 8TH DAY OF DECEMBER 2017/17TH AGRAHAYANA, 1939

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WP(C).No. 29463 of 2017 (G)

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PETITIONER :

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M/S.GOLDEN FORK RESTAURANT & CATERING COMPANY LTD, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR.SEBIN P.SALIM, AGED 29 YEARS, S/O.P.M.SALIM, ADMINISTRATION MANAGER, M/S.GOLDEN FORK RESTAURANT & CATERING COMPANY LTD., CONTINENTAL TOWERS, KARAKKAMURI CROSS ROAD, COCHIN-11.

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BY ADV. SRI.M.R.SUDHEENDRAN

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RESPONDENT :

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THE MANAGING DIRECTOR, VYTILA MOBILITY HUB SOCIETY, SREEVALSAM, II FLOOR, RSAC ROAD, VYTILA, KOCHI-682 019.

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BY SRI.M.AJAY, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 29463 of 2017 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1- TRUE COPY OF THE AGREEMENT OF LICENSE DATED 03/08/2016.

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EXHIBIT P2- TRUE COPY OF THE TERMINATION NOTICE DATED 24/08/2017 ISSUED BY THE FIRST RESPONDENT.

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EXHIBIT P3- TRUE COPY OF THE REPRESENTATION DATED 07/09/2017 SUBMITTED BY THE PETITIONER.

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RESPONDENT(S)' EXHIBITS

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EXHIBIT R1(A)- TRUE COPY OF THE STATEMENT OF ACCOUNT, PREPARED BY THE INTERNAL AUDITOR, KEPT IN THE REGULAR COURSE OF BUSINESS BY VMHS SHOWING THE PETITIONER'S ACCOUNT FROM 15/2/16

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TILL 5/8/17.

/TRUE COPY/

P.A.TO JUDGE

sts

SHAJI P. CHALY, J.

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W.P.(C) No.29463 of 2017

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Dated this the 8^th day of December, 2017

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J U D G M E N T

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Pursuant to the tender awarded in favour of the petitioner, petitioner is conducting a food court and kiosk at Vyttila Mobility Bus terminal. The issue raised in this writ petition is in respect of the action initiated to recover the amount due to the respondent and the order of termination consequentially. With the facts on board, petitioner seeks the following reliefs:

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i) Quash Exhibit P-2 by a writ of certiorari or other appropriate writ, order or direction.

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ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to grant at least 6 months time to pay the arrears of rent due from the petitioner.

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Iii) Issue a writ of mandamus directing the respondent to allow the petitioner to run the food court and kiosk till the date of expiry of the licence granted in terms of exhibit P-1, on condition that the petitioner pays the rent which fell due on the subsequent months in terms of Exhibit P-1.

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W.P.(C) No.29463 of 2017

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iv) Grant such other reliefs as this Hon'ble Court may deem fit.

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When this writ petition came up for admission, an order of stay was granted against the proceedings viz., Ext.P2 on condition that, petitioner pays an amount of Rs.8,00,000/- within one week. According to the respondent, the said interim order is complied with by the petitioner.

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Going through the facts and circumstances of the case and the pleadings made by the petitioner, it is evident that, the amount due to the respondent from the petitioner is not under dispute. However, according to the learned counsel for the petitioner, some time is required to pay off the outstanding amounts. Learned counsel for respondent pointed out, in the writ petition itself petitioner has sought only six months' time for payment of the outstanding amounts.

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Having regard to the facts and circumstances of the case and hearing the respective counsel, I think it is only

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W.P.(C) No.29463 of 2017

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appropriate that, writ petition is disposed of with suitable directions. Petitioner is directed to pay an amount of Rs.20,00,000/-(Rupees Twenty lakhs only) on or before 31.12.2017 and the balance outstanding amounts with accrued interest in three monthly installments ending on 31.3.2018. I also make it clear that, petitioner shall pay the regular monthly rent without any fail. If the petitioner makes any default in complying with the directives specified above, respondent will be at liberty to proceed in accordance with Ext.P2.

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Writ petition is disposed of accordingly.

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Sd/- SHAJI P. CHALY JUDGE

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smv 8.12.2017

M/S.Golden Fork Restaurant & Catering Company Ltd. v. the Managing Director, Vytila Mobility Hub Society

Case brief

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M/S.Golden Fork Restaurant & Catering Company Ltd. v. the Managing Director, Vytila Mobility Hub Society

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