RAVEENDRAN NAIR Vs. MUSTHAFA P.K.

JUDGEMENT

(1.) The petitioner states that he is the Chairman and Managing Director of M/s Waltz Hospital Private Limited, Mannarcad. The said hospital is being run in a premise taken on lease by the petitioner herein from the 1st respondent. The lease was for a period of 15 years from 15.5.2013. The petitioner states that due to the floods which ravaged the State of Kerala, the Covid restrictions and other adverse factors the hospital met with huge loss. It became next to impossible for the petitioner to continue with the business. This led to serious strain in the relationship between the landlord and tenant.

(2.) It is contended that the hospital was being run on the cover of the working capital availed from the Canara bank, Cosmopolitan Branch, the additional 5th respondent herein. As security for the loan, the medicines, other stock and hospital machinery are hypothecated with the bank. When it became impossible for the petitioner to run the hospital, they informed the bank that they plan to close down the hospital. The 1st respondent was informed by Ext.P5 notice of their decision to terminate the lease. However, the 1st respondent has raised some monetary claims and have been obstructing the petitioner from proceeding with the closure in an amicable manner.

(3.) The petitioner states that before closing the hospital, they are required to settle certain issues with the workers, creditors and other service providers.Huge amounts of medicines are also retained in the hospital. When the petitioner tried to take out the medicines and other office equipment including computers, obstruction was caused by the 1st respondent. In the said circumstances, the petitioner has lodged Ext.P6 complaint before the police seeking protection. Complaining of inaction, the petitioner is before this Court seeking directions to the police to afford adequate protection to the life and property of the petitioner and also for taking out the medicines, files and equipment from the premise of the hospital.