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2020 Supreme(Online)(KER) 45331
HIGH COURT OF KERALA
AMIT RAWAL, J
THE ORIENTAL INSURANCE CO. LTD., – Appellant
Versus
THE AUTHORISED OFFICER, – Respondent
WP(C)/12083/2020
SMT.K.S.SANTHI, SRI MOHAN JACOB GEORGE, SRI GEORGE CHERIAN
Tenants' rights are protected during moratoriums, ensuring continuation of rent payments as per judicial directives.
Headnote:
Writ - Tenancy - Article 226 - Rent Payment and Dispossession - Court authorizes rent deposit by tenant to bank, upholding tenancy rights during moratorium period.
Fact of the Case:
The petitioner, an insurance company, challenges a notice relating to mortgage property possession. It claims tenant rights amidst a bank moratorium due to the ineffective functioning of the Debts Recovery Tribunal.
Issues: The primary issue was whether the tenant's rights could be maintained during the ongoing moratorium period and the potential consequences of possession notices.
Ratio Decidendi: The court's decision is anchored on the necessity of safeguarding a tenant's tenancy rights during the moratorium as well as adherence to previous court directives.
Final Decision: Writ petition disposed of in favor of the tenant's interest.
JUDGMENT
Dated this the 19th day of June 2020 The present writ petition in on behalf of the oriental insurance company challenging the notice of Advocate Commissioner dated 12.6.2020 whereby the possession of the mortgage property in respect of the loan taken by the Principal borrower is contemplated to be taken. As per averments, petitioner is a tenant in the first floor of a 5 storeyed building owned by the respondents 2 to 4 from 2008 onwards. Learned Counsel for the petitioner submitted that owing to the moratorium extended by the Bank, and particularly when the Debts Recovery Tribunal is not functioning effectively petitioner has approached this Court invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India .
2. At this stage Sri.Mohan Jacob George, learned Counsel for the respondent informed this Court that landlord has also challenged the action of the Bank vide writ petition No.28426/19, which has been disposed of with a direction to the insurance company to deposit the rent directly to the Bank and dispossession of tenant has been stayed for a period of two days. At this stage, Sri.George Cherian states he has no information. Be that as it may, since the interest of the petitioner insurance company that tenant has been protected, I do not deem it appropriate to keep the writ petition pending, as Mr.George Cherian on instructions has undertaken to pay the rent as per the direction of this Court in W.P.(C) 28426/19. The writ petition is disposed of in terms of order passed in W.P.(C)No.28426/19.
Sd/-
AMIT RAWAL JUDGE Jm/
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LAWYER NOTICE DATED
12/03/2020.
EXHIBIT P2 TRUE COPY OF THE REPLY NOTICE DATED
25/05/2020.
EXHIBIT P3 TRUE COPY OF THE RCP NO.41/19 FILED BY RESPONDENTS 3 TO 5 AGAINST THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE CRP NO.44/2020 FILED BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE ORDER IN MC NO.169/2020 DATED 08/06/2020 BY HON'BLE CJM COURT, KOZHIKODE.
EXHIBIT P6 TRUE COPY OF THE NOTICE OF THE COMMISSIONER DATED 12/06/2020.
