9911796707
TMI Blog2019 (11) TMI 827X X X X Extracts X X X X X X X X Extracts X X X X ..... that the lease obtained by the third respondent from the owners viz., the respondents 4 5 expired on 23.06.2019. However, it is an admitted fact that even before expiry of the lease period, the Indian Oil Corporation has filed the suit in O.S.No.1434 of 2019 on the file of the Principal District Munsif Court, Pondicherry on 15.06.2019 seeking mandatory injunction and permanent injunction as stated supra. It is stated that the said suit is still pending, wherein, the petitioner has also been arrayed as third defendant. Whether the lease granted in favour of the third respondent and got expired on 23.06.2019, is liable to be renewed or not, is a matter, now seized of by the Civil Court and thus, the said issue has to be considered and d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t No.1, East Coast Road, Mudaliarpet, Pondicherry, Olande Village, Ward 'K', Block No.7, T.S.No.92, R.S.No.52/4, Katah No.162/1, measuring an extent of 22,192 sq.feet. The third respondent/Indian Oil Corporation took the said property on lease for a period of 20 years under lease agreement entered into on 24.06.1999. After obtaining lease, the third respondent/Indian Oil Corporation granted distributorship to the petitioner to run the petroleum outlet as the service provider in the said premises. The lease period expired on 23.06.2019. The petitioner obtained VAT registration from the Commercial Tax Department, Puducherry and the same was also renewed periodically. As on date, renewal is valid upto 2021. Before expiry of lease perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;s dealer viz., the third defendant (the petitioner herein) from the suit schedule property. It is further submitted that the said suit is still pending. 5. The learned Additional Government Pleader appearing for the second respondent/Commercial Tax Department, submitted that there are huge tax arrears to be recovered and therefore, the tax Department should not put in a position to initiate action for recovery of such tax dues from the owners of the property. 6. Heard the learned counsels appearing for the respective parties. 7. Challenge made in this writ petition is only against the notice issued by the second respondent calling upon the petitioner to produce fresh lease agreement to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment, also as a party/defendant in the said suit and seek for appropriate relief/interim relief against the said respondent, pending disposal of the said suit, in view of the impugned notice issued on 11.06.2019. Since this Court has relegated the parties to agitate their rights before the Civil Court, where the above said suit is pending, this Writ Petition is disposed of under the following terms and conditions: (a) The third respondent shall file implead petition to implead the second respondent/Commercial Tax Department, as a party/defendant in the said suit along with appropriate interim application seeking interim relief against the said respondent, within a period of four weeks from the date of receipt of a copy ..... X X X X Extracts X X X X X X X X Extracts X X X X
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