(Per : HONOURABLE MR.JUSTICE A.J.DESAI)
1. Learned advocate Ms.Kalpana Brahmbhatt appearing for the appellant submits that the appellant wants to pay an outstanding amount of Rs.2,58,677/- by way of pay order dated 10.05.2012. The appellant will hand over a Tax Deducted at Source (TDS Certificate) to the tune of Rs.3,56,384/- to the respondent No.3 - Corporation, as early as possible, latest by 11th May, 2012. The appellant has agreed that he is ready and willing to pay rent for two months from 10.05.2012 to 10.07.2012. The amount of rent is Rs.2,55,879/- per month and, therefore, the appellant shall pay two different cheques of dated 11.5.2012 and 21.5.2012 to the respondent Corporation, after deducting TDS.
2. In view of this, the appellant may be permitted to continue with the possession of the warehouse upto 10.7.2012. Learned advocate Mr.D.K.Puj appearing for the Corporation has objected to the proposal, however, he has submitted that if the Court is inclined to accept the time for vacating the premises, the appellant shall be directed to file an undertaking before this Court in terms as submitted by the appellant.
3. We are of the opinion that the offer made by the appellant is just and proper. However, to safeguard the interest of the Corporation, we direct the appellant to file an undertaking to the effect that the appellant shall hand over two cheques dated 11.5.2012 and 21.5.2012 to the tune of Rs.2,55,879/- each for the rent of the premises for two months i.e. from 10.5.2012 and 10.6.2012, after deducting the amount of TDS. The appellant shall also file an undertaking that they shall hand over the possession of the warehouse on 10.7.2012 after removing its goods, fittings, fixtures etc., at their own cost and hand over the godown to the respondent - Central Warehousing Corporation after restoring it in the same condition in which it existed at the time of commencement of the agreement.
4. As and when the appellant's hand over the pay order/demand draft of Rs.2,55,879/- and TDS certificate of Rs.3,56,384/- and above-mentioned two cheques, the respondent Corporation shall remove the lock and permit the appellant to carry on his business at the disputed warehouse upto 10.7.2012. The undertaking shall be filed by the appellant within a period of one week from today before this Court.
5. In view of the above, the appeal does not survive and accordingly disposed of with no order as to costs.
6. Consequently, Civil Application No.6041 of 2012 does not survive and accordingly dismissed with no order as to costs. Direct service is permitted.
( V.M. SAHAI, J. ) ( A.J. DESAI, J. ) syed/ Top