Disposed

Triveni Sewa Pharmacy through Its Authorized v. All India Institute of Medical Sciences Rishikesh

Uttarakhand HC4 Mar 2022WPMS/405/2022

Case brief

AI extract

What is this about?

Petitioner challenging eviction notice for non-payment of rent due to pandemic losses. Court disposed of petition conditionally, directing tenant to pay Rs. 15 lakh in a week and balance in installments within one month.

What did the court decide?

Petitioner granted liberty to approach Estate Officer within 48 hours for rent breakup; directed to deposit Rs. 15 lakh within a week and balance in two monthly installments.

Triveni Sewa Pharmacy through Its Authorized Vs All… — Landlord and Tenant | Uttarakhand HC (2022)

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IN THE HIGH COURT OF UTTARAKHAND

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AT NAINITAL

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ON THE 4^TH DAY OF MARCH, 2022

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BEFORE:

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HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI

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Writ Petition (M/S) No. 405 of 2022

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BETWEEN:

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Triveni Sewa Pharmacy through its Authorized

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Signatory Mr. Pankaj Sharma ...Petitioner

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(By Mr. V.B.S. Negi, Senior Advocate, assisted by Mr. Ayush Negi & Mr. Ankush Negi, Advocates)

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AND:

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All India Institute of Medical

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Sciences, Rishikesh & another. ...Respondents

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(By Mr. Rakesh Thapliyal, Assistant Solicitor General with Mr. Azmeen Shaikh, Standing Counsel for the Union of India/respondents)

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JUDGMENT

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Heard learned counsel for the parties.

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Petitioner was granted lease of a shop by All India Institute of Medical Sciences, Rishikesh for running pharmacy.

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Petitioner is aggrieved by a notice dated 15.02.2022 issued by Estate Officer, All India Institute of Medical Sciences, Rishikesh. By the said notice, petitioner has been asked to deposit the outstanding rent, within seven days, failing which eviction proceedings may be initiated against him.

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Learned senior counsel appearing for the petitioner submits that due to lockdown imposed in view of COVID-19 Pandemic, petitioner suffered huge losses, therefore, he could not pay agreed rent of the

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shop for certain months. He assures that if given some time, he will pay the entire outstanding rental amount to All India Institute of Medical Sciences, Rishikesh.

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Learned Assistant Solicitor General appearing for All India Institute of Medical Sciences, Rishikesh fairly submits that if petitioner deposits a sum of ` 15,00,000/within a week, petitioner can be permitted to deposit the remaining amount, within two months thereafter. He further submits that he is giving this concession, in view of the assurance given by learned senior counsel appearing for the petitioner that henceforth, petitioner will not commit any default in payment of rent.

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Learned senior counsel appearing for the petitioner submits that there is no clarity regarding the amount, which petitioner has to pay as rent.

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In such view of the matter, the writ petition is disposed of with liberty to petitioner to approach the Estate Officer, All India Institute of Medical Sciences, Rishikesh, within 48 hours. The Estate Officer will supply the details of the total amount of outstanding rent, including breakup thereof, to the petitioner, within 48 hours. Petitioner will deposit a sum of ` 15,00,000/with the Competent Authority, within one week from today. The remaining amount shall be payable by the petitioner in two equal monthly instalments.

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In case, petitioner fails to fulfil any of the aforesaid conditions, then he shall not be entitled to protection of this order and the Competent Authority shall be at liberty to proceed against him, as per law.

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(MANOJ KUMAR TIWARI, J.)

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Triveni Sewa Pharmacy through Its Authorized v. All India Institute of Medical Sciences Rishikesh

Case brief

What is this about?

What did the court decide?

Triveni Sewa Pharmacy through Its Authorized v. All India Institute of Medical Sciences Rishikesh

Case brief

What is this about?

What did the court decide?

What the court decided

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