MODI SPINNING & WEAVING COMPANY LTD. Vs. DR. BHARAT KUMAR GUPTA AND ANR
LAWS(ALL)-2014-12-379
HIGH COURT OF ALLAHABAD
Decided on December 01,2014

Modi Spinning And Weaving Company Ltd. Appellant
VERSUS
Dr. Bharat Kumar Gupta And Anr Respondents

JUDGEMENT

Ran Vijai Singh, J. - (1.) Heard Sri Navin Sinha, learned senior counsel assisted by Sri Devansh Rathore, learned counsel for the petitioner.
(2.) At the very outset, learned counsel for the petitioner submits that he may be permitted to delete prayer no. (i) and now the writ petition be confined only with respect of prayer no.(ii) and a newly added prayer no.(v). Through this writ petition the petitioner has prayed for the following relief: "ii) issue appropriate writ, order or direction staying the operation of the impugned order dated 30.9.2014 passed by the Judge, Small Causes Court, Ghaziabad in SCC Suit No. 11/96 during the pencency of the review petition bearing number Misc. Case No. 84/2014; (iii) pass such other and further order as this Hon'ble Court may deems fit and proper in the circumstances of the case; (iv) Award cost of this petition to the petitioner; (v) to issue appropriate direction that the petitioner review application may be considered and decided on the next date i.e. 2nd December, 2014 if that be not possible then application for interim order may be considered."
(3.) In the submission of the learned counsel for the petitioner a suit was filed by the respondent being Suit No. 11 of 1996 (M/S, Modi Spinning & Weaving Company Ltd. v. Dr. Bharat Kumar Gupta And Anr ) for eviction of the petitioner on the ground of default in payment of rent as well as damages before the Judge, Small Causes Court. The suit was decreed on 30.9.2014 with the direction to the petitioner- defendant to vacate the premises in dispute within a period of two months and also pay arrears of rent since 1.1.1992 to 5.4.1994 and damages etc.;


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