Disposed

M/S. P.K.Ores Pvt.Ltd. v. Odisha State Cooperative Housing Corporation Ltd.

Orissa HC2 Nov 2021WP(C)/21227/2019

Case brief

AI extract

What is this about?

Petitioner sought a writ to compel a housing corporation to execute a tenancy agreement and grant possession of allotted office space. The court directed the petitioner to approach the corporation for possession before November 30, 2021, while paying arrears. The writ petition was disposed of upon these terms.

What did the court decide?

Petitioner directed to approach respondent for possession by November 30, 2021, against payment of rent in arrears; extension of interim order continues on these conditions.

M/S. P.K.Ores Pvt.Ltd. Vs Odisha State Cooperative… — Specific Performance | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.21227 of 2019 (Through hybrid mode)

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M/s. P.K.Ores Private Limited

…. Petitioner

Mr.B.Baug, Advocate

-versus-

…. Odisha State Cooperative Housing Opposite Parties Corporation Limited and another

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Mr.D.Mohapatra, Advocate

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CORAM: JUSTICE ARINDAM SINHA

ORDER

02.11.2021

Order No.

06.

Mr. Baug, learned advocate appears on behalf of petitioner and submits, prayer in the writ petition is to compel opposite party-cooperative society to execute tenancy agreement as per annexure-6 and hand over vacant possession. He submits, his client is ready on direction that may be made. Mr. Mohapatra, learned advocate appears on behalf of the Corporation and submits, the allotment was on 7^th January, 2019. Petitioner obtained ex-parte interim order on 13^th November, 2019. He refers to counter filed and submits, documents have been disclosed to show that petitioner thereafter prayed for extension of time for it to have tenancy execution and commencement of payment of rent. By letter dated 12^th February, 2020, his client allowed extension as requested, up to 25^th February, 2020, to take possession of the office space. On 27^th February, 2020, petitioner made another request saying that the writ petition is yet to be withdrawn and

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pendency comes in the way petitioner taking possession. Subsequently, on 11^th March, 2020 petitioner prayed for time till 15^th April, 2020. He submits, his client has suffered monetary loss in not getting usufructs in respect of the office space allotted to petitioner.

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Petitioner has not filed rejoinder. It does not appear any extension of time was granted beyond 25^th February, 2020. Order-sheet reveals petitioner, in spite of talking about withdrawing the writ petition, obtained extension of interim order.

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Petitioner will approach the Corporation for taking possession of office space, on or before 30^th November, 2021. The approach must be on agreed rent to be paid in arrears commencing March, 2020 till November, 2021. Petitioner on such approach will be given possession by the Corporation along with execution of tenancy agreement. Petitioner upon paying the arrears shall continue to pay current rent. In event petitioner does not approach, as on 1^st December, 2021, the Corporation will be at liberty to deal with the allotment.

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With above directions, the writ petition is disposed of.

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(Arindam Sinha)

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Judge

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RKS

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M/S. P.K.Ores Pvt.Ltd. v. Odisha State Cooperative Housing Corporation Ltd.

Case brief

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What did the court decide?

M/S. P.K.Ores Pvt.Ltd. v. Odisha State Cooperative Housing Corporation Ltd.

Case brief

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What did the court decide?

What the court decided

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