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2021 Supreme(Ker) 229

RAJA VIJAYARAGHAVAN V.
Raveendran Nair, S/o Krishnan, Chairman And Managing Director, M/S Waltz Hospital Private Limited – Appellant
Versus
Musthafa. P. K, S/o Mammicha Haji – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.GOPAKUMAR R.THALIYAL
For the Respondent: SRI.K.M.SATHYANATHA MENON, SMT.KAVERY S THAMPI, SRI THAJUDEEN PP, GOVERNMENT PLEADER, SRI.M.GOPIKRISHNAN NAMBIAR, SRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SRI.PAULOSE C. ABRAHAM, SRI.RAJA KANNAN, SRI.A.ARUNKUMAR

JUDGMENT :

The petitioner states that he is the Chairman and Managing Director of M/s Waltz Hospital Private Limited, Mannarcad. The said hospital is being run in a premise taken on lease by the petitioner herein from the 1st respondent. The lease was for a period of 15 years from 15.5.2013. The petitioner states that due to the floods which ravaged the State of Kerala, the Covid restrictions and other adverse factors the hospital met with huge loss. It became next to impossible for the petitioner to continue with the business. This led to serious strain in the relationship between the landlord and tenant.

2. It is contended that the hospital was being run on the cover of the working capital availed from the Canara bank, Cosmopolitan Branch, the additional 5th respondent herein. As security for the loan, the medicines, other stock and hospital machinery are hypothecated with the bank. When it became impossible for the petitioner to run the hospital, they informed the bank that they plan to close down the hospital. The 1st respondent was informed by Ext.P5 notice of their decision to terminate the lease. However, the 1st respondent has raised some monetary claims and have been obstruc

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