International Society For Krishna Consciousness, Known As Iskcon vs. Sulochana Potti

\220! SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

I.A. No. 1 IN CIVIL APPEAL NO(s). 2302 OF 2010

INTERN.SOC.FOR KRISHNA CONSCIOUS.& ANR. Appellant (s)

VERSUS

SEETHAMMAL & ORS. Respondent(s)

O R D E R

This appeal was dismissed on 30.11.2011 as the appellants had not filed the statement of case.

This is an application for restoration of the Civil

Appeal.

When the matter came up before the Chamber Judge on 06.02.2012, learned counsel for the respondents submitted that the appellants are tenants of the respondents/landlords and on account of the pendency of the Civil Appeal, the appellants have not paid the rent to the respondents for several years.

Accordingly, the Chamber Judge passed the Order on 06.02.2012 calling upon the appellants to file an affidavit stating clearly that all the rent that is due to them has been paid in the meanwhile.

Pursuant to the said Order, an affidavit has been filed on behalf of the appellants stating that the rent and property tax upto December 2011 have been paid by the appellants. Along with the application, proof of such payment has also been filed. Having heard the learned counsel for the parties, I allow this application and restore the Civil Appeal to file as the appellants have also filed the statement of case.

Interim orders that were passed on 23.10.2009 will continue.

.........................J. [A. K. PATNAIK]

NEW DELHI APRIL 02, 2012 ITEM NO.15 COURT NO.13 SECTION XIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. No. 1 IN CIVIL APPEAL NO(s). 2302 OF 2010 INTERN.SOC.FOR KRISHNA CONSCIOUS.& ANR. Appellant (s) VERSUS SEETHAMMAL & ORS. Respondent(s) (With appln(s) for restoration) Date: 02/04/2012 This Appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK (IN CHAMBERS) For Appellant(s) Mr. G. Umapathy, Adv. Mr. Rakesh K. Sharma, Adv. Mr. S. Ramsubramnin, Adv. For Respondent(s) Mr. B.V. Deepak, Adv. For M/S. T.T.K. Deepak & Co. UPON hearing counsel the Court made the following O R D E R This appeal was dismissed on 30.11.2011 as the appellants had not filed the statement of case. This is an application for restoration of the Civil Appeal. When the matter came up before the Chamber Judge on 06.02.2012, learned counsel for the respondents submitted that

the appellants are tenants of the respondents/landlords and on account of the pendency of the Civil Appeal, the appellants have

not paid the rent to the respondents for several years.

Accordingly, the Chamber Judge passed the Order on 06.02.2012 calling upon the appellants to file an affidavit stating clearly that all the rent that is due to them has been paid in the meanwhile.

Pursuant to the said Order, an affidavit has been filed on behalf of the appellants stating that the rent and property tax upto December 2011 have been paid by the appellants. Along with the application, proof of such payment has also been filed.

Having heard the learned counsel for the parties, I allow this application and restore the Civil Appeal to file as the appellants have also filed the statement of case.

Interim orders that were passed on 23.10.2009 will continue.

(Jayant Kumar Arora) (Madhu Saxena) Sr. P.A. Assistant Registrar

(Signed order is placed on the file)