Supreme Court of India
Sikha Ghosh vs Indian Oil Corporation Ltd on 9 September, 2024
Author: J.K. Maheshwari
Bench: Rajesh Bindal, J.K. Maheshwari
2024 INSC 697 NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) NO.25782 OF 2023
SIKHA GHOSH & OTHERS … Petitioner (s)
VERSUS
INDIAN OIL CORPORATION LTD. & ORS. … Respondent(s)
ORDER
1. The issue in the present Special Leave Petition is with
reference to eviction of the respondents from the property in
their possession situated at holding No.57, 58, Premises
No.281, Ward No.20, South Dum Dum Municipality, Kolkata –
700 089 an area of 6 Cottach and 43 sq.ft. (approximately).
2. Writ Petition1 was filed by the petitioners/writ
petitioners in the High Court seeking direction to the
respondents to vacate and hand over vacant possession of the
Signature Not Verified
Digitally signed by
Nidhi Ahuja
aforesaid property.
Date: 2024.09.17
17:04:40 IST
Reason:
The same was allowed by the learned
1 W.P.A. NO.20392 of 2021
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Single Judge vide order dated 16.08.2022. Aggrieved againstthe same, Indian Oil Corporation Ltd./respondents filed intra-
court appeal2. The same was allowed vide judgment dated
14.08.2023 holding that the case involved disputed questions
of fact, which could not be resolved in writ jurisdiction and the
writ petitioners were relegated to invoke jurisdiction of
appropriate forum. Challenging the aforesaid order, the
present Special Leave Petition was filed by the petitioners/writ
petitioners before the High Court.
3. During the hearing of the present Special Leave
Petition a broad consensus has been arrived at between the
parties in terms of which the respondents are to hand over the
vacant physical possession of the property in their possession
to the petitioners on or before 31.03.2025 and the petitioners
will forego their rights with reference to arrears of rent and
mesne profit. Even the amounts lying deposited in the court
will be refunded to the respondents and the cheques, if any,
issued by the respondents in favour of the petitioner shall also
be returned back.
2 M.A.T. No.1865 of 2022
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4. We may add here that we have not examined the
issue of maintainability of the writ petition as the matter is
being disposed of on account of consensus of the parties.
5. After hearing learned counsel for the parties, in our
view, the present Special Leave Petition can be disposed of with
the following directions.
(i) The respondent (I.O.C.) shall hand over the
vacant physical possession of the property in question
to the petitioners on or before 31.03.2025.
(ii) The petitioners has foregone the right to recover
the lease rent/mesne profit for the past and future till
31.03.2025 or till handing over possession of the
property in question to the petitioners, whichever is
earlier.
(iii) In case of failure to comply the direction Nos.(i)
& (ii), the petitioners shall be entitled to initiate
contempt proceedings in addition to any other remedy
which may be available to him.
(iv) Any amount lying deposit in court shall be
refundable to the respondents by transfer in the
appropriate bank account, particulars of which may be
furnished by the respondents to the officer concerned.
(v) The petitioners shall return all cheques or any
negotiable instruments in their possession to the
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respondents as in view of the above consensus they
will not have any right to get those encashed.
(vi) If the aforesaid terms are complied with both
the parties will not have any right pending against each
other.
6. The Special Leave Petition is disposed of accordingly.
……………….……………..J.
(J.K. MAHESHWARI)
……………….……………..J.
(RAJESH BINDAL)
New Delhi
September 09, 2024.
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