Penal rent

b. sudhakar (Querist) 10 November 2010 This query is : Resolved
On a company quarter injection order/stay was issued by Hon’ble Jr.Civil Judge for not to dispose the constructed commercial shed in the quarter compound premises between company and third party (residing in the shed).

Whether it is correct to impose penal rent for not vacating the commercial shed on the original quarter allottee when the matter in the Hon’ble court.

Kindly advise the matter to proceed legally.

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s.subramanian (Expert) 10 November 2010
No. You can bring it to the notice of the court by filing a separate petition in the pending suit.

b. sudhakar (Querist) 10 November 2010
On a company quarter injection order/stay was issued by Hon’ble Jr.Civil Judge for not to dispose the constructed commercial shed in the quarter compound premises between company and third party (residing in the shed).

Whether it is correct to impose penal rent for not vacating the commercial shed and quarter on the original quarter allottee, who was transferred to other area and provided quarter on that area, original allottee was vacated quarter but authorities not taken in to possession, they told including commercial shed also on vacant position, when the matter in the Hon’ble court.

Kindly advise the matter to proceed legally.

A. A. JOSE (Expert) 10 November 2010
No, you may either move to vacate the injunction or challenge the said order in the appellate court.

Guest (Expert) 10 November 2010
YOU HAVE TO BE CAREFUL AS STAY ORDER OF COURT IS THERE. WHATEVER APPLICATION YOU HAVE TO FILE YOU MAY KINDLY FILE IN THE SAME COURT AND PRAY FOR RELIEF.OR ELSE YOU MAY FILE APPLICATION BEFORE APPELLATE COURT.GOOD LUCK.
KINDLY SEND DETAILS FOR FURTHER HELP.BE CAREFUL AS CONTEMPT OF COURT ORDER MAY BE ATTRACTED.GOOD LUCK.

b. sudhakar (Querist) 11 November 2010
Sir,
Till date company has not replied on my application for stoppage of penal rent recovery or issue of Quarter vacation certificate. Hence kindly advise the following clarifications.

1. In order to stop penal rent recovery from which court I can get the pending suit/stay order.

2. Can I pray the Hon'ble court to stop the penal rent recovery until final judgement of the earlier injection order.

b. sudhakar (Querist) 11 November 2010
3. Should I submit the certified copies of earlier Injection Order or mentioned Injection Order No. to the Hon'ble court.