Research › Search › Judgment

Rajasthan High Court · body

2017 DIGILAW 88 (RAJ)

Bhatia & Company v. Guradivaya Bhola

2017-01-09

ALOK SHARMA

body2017
ORDER : Alok Sharma, J. 1. The matter comes up on an application for extension of time in the context of direction of this court's consent order dated 11-7-2016, for depositing the rent for the month of October, 2016. It has been stated that there is a delay of mere eight days in depositing the rent of October, 2016. 2. Counsel for the applicants Mr. R.P. Garg submitted that the eight day delay in depositing the rent for the month of October, 2015, was inadvertent and in the event the consequence of non depositing the rent within the time as directed by this under its order dated 11-7-2016 were to follow it would cause immense hardship to the petitioners. It has been prayed that in the circumstances the time as prayed for be extended upto the date of depositing the rent for the month of October, 2016 and the delay of eight days in depositing the same be condoned. 3. Mr. Gaurav Jain, counsel for respondent has submitted that the case set up by the applicants in their application under consideration is palpably false. He submits that in terms of the consent order of this court dated 11-7-2016 passed by this court, the mesne profit for the month of October, 2016 was to be deposited on or before 7-10-2016. That was however deposited on 9-12-2016 after a delay of over sixty days not eight days as claimed. Similarly the mesne profit for the month of November, 2016 was deposited by the petitioners on 23-12-2016, after a delay of about 45 days, over the time mandated in the consent order dated 11-7-2016. Mesne profit for the months of December was also deposited on 23-12-2016, after a delay of fifteen days. It has been submitted that even otherwise as per the order dated 11-7-2016 the mesne profit was to be deposited by the petitioner M/s. Bhatia & Company. Instead, as evident from the deductions of TDS the mesne profit has been deposited by Bhatia Corporation Limited. It has been further submitted that in the facts above, the petitioners have not approached this court with clean hands and therefore do not deserve any indulgence from this court in exercising its discretion to extend time for deposit of mesne profit and condone the delay. It has been further submitted that in the facts above, the petitioners have not approached this court with clean hands and therefore do not deserve any indulgence from this court in exercising its discretion to extend time for deposit of mesne profit and condone the delay. It has been submitted that vide consent order dated 11-7-2016 the petitioners-tenant were granted indulgence by this court on agreed terms and conditions but are in breach thereof without good cause. Therefore the application be dismissed. 4. Having heard counsel for the parties, I find no force in the application for extension of time for depositing the mesne profit as directed by this court in its order dated 11-7-2016. 5. The petitioners have not come before this court with clean hands and set up a false case aside of acting contrary to this court's consent order dated 11-7-2016 and having the mesne profits deposited by Bhatia Corporation Limited instead of depositing it itself. The indulgence of this court with consent of the respondent-non-applicant in allowing the petitioners to keep possession of the property for the time indicated despite having failed both before the Rent Tribunal and Appellate Rent Tribunal has been misused. Therefore the application is dismissed with costs of Rs. 50,000/-.