Disposed

Pb State Cooperative Milk Producers Fed Ltd. v. Manish Chugh

Punjab & Haryana HC13 Dec 2013CR/806/2013

Case brief

AI extract

What is this about?

Revision petition filed by defendant-cooperative society challenging trial court's order refusing to dismiss suit despite withdrawal of termination notice. Court disposed of petition as infructuous by agreement of parties that suit subject matter became stale with lapse of three years.

What did the court decide?

Revision petition disposed of as infructuous with liberty to parties to seek appropriate remedy.

Pb State Cooperative Milk Producers… — Contract and Commercial Disputes | Punjab & Haryana HC (2013)

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CR 806/2013

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112

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CR 806/2013 Date of decision:13.12.2013

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Punjab State Coop.Milk Producers Fed.Ltd.

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.............Petitioner

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Manish Chugh

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.............Respondent

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Manjit Singh,Advocate for the petitioner. Mr.Ashok Sehgal,Advocate for the respondent.

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Jaswant Singh,J.(Oral)

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The defendants-Punjab State Cooperative Milk Producers Federation Ltd., through its Managing Director are in revision assailing the order dated 7.11.2012 whereby the suit filed by respondent/plaintiff Manish Chugh has been permitted to continue inspite of the defendant having made a statement withdrawing notice dated 26.2.2011 forming the basis of litigation.

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It is not in dispute that the defendant had vide registered lease deed dated 27.11.2009 let out a premises within the Verka Milk Plant, Phase I, Chandigarh for operating a Verka Express Milk Bar-cunFast Food Joint. It is also not in dispute that the lease deed was

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Joshi Rajinder Prashad 2013.12.13 17:46 I attest to the accuracy of this Order. High Court, Chandigarh.

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CR 806/2013

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112

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executed for a period of three years. It transpires that the defendant vide notice dated 26.2.2011 terminated the lease deed before the expiry of three years resulting in the respondent/plaintiff filing a suit for declaration seeking quashing of the notice as also the condition of the lease deed permitting the termination of the tenancy within three years. Consequential relief of permanent injunction restraining defendant from interfering in the peaceful possession of the plaintiff was also prayed for.

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After the issue of notice, it is not disputed that the defendants through their counsel, with due authorization, made a statement on 7.11.2012 whereby it was recorded that the defendants have withdrawn their notice dated 26.2.2011.

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The learned trial court in the light of the challenge to the relevant clause of the lease deed permitting the defendants to terminate the lease deed within three years and also due to the pending relief of injunction declined the request of the defendants for disposing of the suit as infructuous. Hence the present petition.

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At the time of hearing, counsel for the parties are agreed that the challenge to the relevant clause of lease deed permitting the termination of the tenancy before the three years has become infructuous in view of three years having already lapsed. As regards the injunction, learned counsel for the petitioner/defendants very fairly concedes that the possession shall be taken in due course of law. In

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fact, it is not in dispute that subsequently a fresh notice datedJoshi Rajinder Prashad 2013.12.13 17:46 I attest to the accuracy of this Order. High Court, Chandigarh.

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CR 806/2013

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112

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26.11.2012 terminating the tenancy has already been issued. The learned counsel for the respondent/plaintiff states that he has no objection if the present revision petition is disposed of as infructuous with liberty to the respondent/plaintiff to seek his remedy in accordance with law. It is, however, not disputed between the parties that the defendants would not take coercive steps to take possession of the aforesaid demised premises.

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In view of the aforesaid circumstances, the present revision petition is disposed of as infructuous with liberty to parties to seek their

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appropriate remedy in accordance with law.

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13.12.2013 joshi

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(Jaswant Singh) Judge

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Joshi Rajinder Prashad 2013.12.13 17:46 I attest to the accuracy of this Order. High Court, Chandigarh.

Pb State Cooperative Milk Producers Fed Ltd. v. Manish Chugh

Case brief

What is this about?

What did the court decide?

Pb State Cooperative Milk Producers Fed Ltd. v. Manish Chugh

Case brief

What is this about?

What did the court decide?

What the court decided

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