Regional Trial Court Judge George Patriarca granted an urgent motion to break open the padlocked premises of the Indian Emporium in downtown Bacolod City yesterday.

Patriarca said that, after careful and judicious scrutiny of the records of the case, the court found that the defendant, Jose Vasquez, is not legally and validly justified at this time to padlock the leased section of his building rented by Bhagwani Chugani for Indian Emporium. Chugani told the court he had been leasing the space in question for more than half a century. The rental from May 2006 to April 30, 2007 was only P350,000 a month but the defendant recently demanded P130,000 a month, or P1.5 million a year, that he felt was unreasonable, he said.

On July 25, 2007 the court dismissed Civil Case 07-12977, which was filed by Chugani versus Vasquez, and on July 27 Roberto Vasquez, defendant's son, padlocked Indian Emporium.

However, Chugani's lawyer, William Mirano, argued that the decision was not final yet.

Patriarca, in his seven-page order, said it is clear that as of July 27, the decision in Civil Case 07-12977 had not attained finality.

Pending final outcome of the decision date July 25 whose reconsideration is being sought by Chugani, Vasquez is legally bound to comply strictly and in good faith with the terms and conditions of the "Amendment and Supplement to Contract of Lease" dated June 14, 1993, Patriarca ruled.*CPG

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