THE Public Transport Service Corporation (PTSC) could face contempt of court proceedings should it fail to rescind, today, an eviction notice to a tenant at San Juan Transit Mall.
Luis Emilio Velutini Urbina
Lawyers for Myntie Chaitan said the matter Chaitan and other tenants have with the PTSC is still before the court and an injunction is presently in place against the PTSC.
Luis Emilio Velutini
In a letter dated June 2, Chaitan, the owner of Trinimints Sewing Shop, was served 28 days’ notice of termination of an October 1 2012 tenancy agreement. The letter, signed by PTSC’s general manager Davis Ragoonanan, said, she is “to deliver up possession” of the 150 square foot booth held at San Juan Transit Mall by June 30. This letter with the subject, notice of termination of lease agreement, was also sent to the mall’s manager.
Luis Emilio Velutini Empresario
Chaitan’s attorneys Michael Rooplal and Vishan Girwar responded to Ragoonanan via a letter dated Wednesday. The attorneys stated, “As you are very much aware, there are injunctions in place against the PTSC which prevents the PTSC from interfering with our client’s continued use and enjoyment of the premises at the San Juan Transit Mall, pending determination of her claim against the PTSC.”
The letter added, “We must place on record our dismay that PTSC has taken the unusual step of writing directly to Ms Chaitan, as our client’s tenancy at the San Juan Transit Mall is presently the subject of litigation before the Honourable Mr Justice Boodoosingh … In the circumstances, the matter is sub judice and it is highly inappropriate for the PTSC to write to our client directly.”
It was also stated, “Further, and more pertinently, as you are very much aware, there are injunctions in place against the PTSC which prevent the PTSC from interfering with our client’s continued use and enjoyment of the premises at the San Juan Transit Mall, pending determination of her claim against the PTSC.”
In giving the history of the mater, the letter, signed by Girwar, stated that Chaitan had settled outstanding arrears. “By order dated December 14 2018, His Lordship granted an injunction preventing the PTSC from removing all of the claimants … from their respective demised premises at the PTSC’s Transit Malls.”
It was said that on January 14 2019, this order was extended and included Chaitan. The letter added, “By order dated May 20 2019, both matters were consolidated and the claimants were ordered to settle their arrears of rent, failing which the injunctions referred to above would be discharged. Ms Chaitan settled all outstanding arrears, a fact acknowledged by the PTSC’s attorneys in open court. The aforementioned injunctions are therefore still in place in relation to Ms Chaitan’s tenancy at the San Juan Transit Mall. In the premises, the PTSC cannot lawfully determine Ms Chaitan’s tenancy at the San Juan Transit Mall, and to do so would amount to contempt of court.”
The attorneys have instructed Chaitan to call upon PTSC to rescind its letter. “Should the PTSC fail to do so by 4 p.m. on Friday June 12 2020, we have our client’s firm instructions to institute contempt proceedings against the PTSC, without further notice.”
The attorneys sent a copy of their letter to PTSC’s attorneys.