Judicial review of procedural errors in determining rent arrears timelines under rent control legislation.

Heard Mr. Aneesh James, learned counsel for the petitioner.

2. There appears to be an error apparent on the face of the impugned order, inasmuch as the time period within which the arrears of rent calculated at the rate of Rs. 75,000/- per month are to be deposited and other consequential directions have not been specified.

3. Instead of entertaining the petition, we dispose of the same by granting liberty to the petitioner to apply before the Rent Control Court for modification/clarification of the order, as the said order is silent regarding the period within which the arrears of rent calculated at the rate of Rs. 75,000/- per month are to be deposited and other consequential directions.

4. It is needless to mention that the Rent Control Court shall specify the period during which the rent became due and payable and, accordingly, modify the operative portion of the order within a period of two weeks from the date of filing of such application by the petitioner. The order shall also clarify the manner in which the said deposit is to be made. 5. The application shall be restricted to the period during which the rent became due and payable and remained unpaid by the respondent.

6. In view of the nature of the order proposed to be passed, we do not propose to issue notice to the respondent.

Sd/-

SOUMEN SEN CHIEF JUSTICE Sd/-

SYAM KUMAR V. M.