Case Note & Summary
The dispute arose between Mumbai International Airport Pvt. Ltd. and M/s. Golden Chariot Airport regarding the possession of a site where the latter operated a restaurant. The Supreme Court was approached to resolve the matter, leading to the filing of Civil Appeals No. 8201 and 8200 of 2010. During the proceedings, the counsel for M/s. Golden Chariot Airport requested additional time to vacate the premises, proposing a two-month extension. The court considered this request and determined that granting the extension until 31st October 2010 would serve the interests of justice. The court stipulated that this extension was contingent upon M/s. Golden Chariot Airport filing an undertaking within seven days. Furthermore, the court permitted engineers from Mumbai International Airport Pvt. Ltd. to inspect the site, to which M/s. Golden Chariot Airport had no objection. The judgment was pronounced on 22nd September 2010, with the order formalized on 23rd September 2010.
Headnote
A) Civil Procedure - Possession Transfer - Extension of Time - Not applicable - The court allowed respondent no.1 two months to vacate the site and hand over possession to the Mumbai International Airport Pvt. Ltd. This extension was granted subject to the filing of an undertaking by respondent no.1 within seven days. Held that the request was in the interest of justice (Paras 1-2).
Issue of Consideration
Whether to grant additional time for vacating the site and the conditions for such an extension.
Final Decision
The court granted M/s. Golden Chariot Airport two months to vacate the site until 31st October 2010, subject to the filing of an undertaking within seven days.
Law Points
- Possession transfer
- Undertaking requirement
- Site inspection rights
