30 March 2017
Supreme Court
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SURESH THAKAR Vs DR. ADITYA PARAKH

Bench: KURIAN JOSEPH,R. BANUMATHI
Case number: C.A. No.-004403-004403 / 2017
Diary number: 9089 / 2017
Advocates: SAMEER SHRIVASTAVA Vs


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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).  4403/2017

SURESH THAKAR APPELLANT(S)                                 VERSUS

DR. ADITYA PARAKH AND ORS RESPONDENT(S) WITH

C.A. NO. 4404/2017

J U D G M E N T KURIAN, J. 1. On the question of law, as to whether the State of Chhattisgarh could have enacted a law providing for an appeal straight to this Court, bypassing the High Court of the State,  we are not inclined to go into  that question  in the  peculiar facts  of these cases.   Findings  are  concurrent  against  the appellants.  It is also not in serious dispute that there is wilful default in payment of rent. 2. In that view of the matter, these appeals are dismissed leaving the question of law open. 3. On the request of the learned counsel for the appellants, the appellants are granted time to vacate till 31.10.2017 on a condition that the appellants will file usual undertaking before this Court within a  month  from  today.   Towards  use  and  occupation charges, the appellants will continue to pay the same rent as has been fixed and the arrears, if any, has to be cleared within one month from today.  In case, there  is  any  violation  of  the  conditions  of  the undertaking, the appellants shall be visited with all consequences  including  the  action  for  contempt  of Court.

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4. Pending  applications,  if  any,  shall  stand disposed of. 5. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; MARCH 30, 2017.

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