9911796707
TMI Blog2013 (3) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... one charges etc, liberty was reserved to the petitioners to agitate the same before the Appropriate Forum - Held that:- When these are the claims made in Annexure-A, the same has not been supported by any materials like electricity, telephone and municipal ,bills or even of municipal tax receipts etc. By claiming as per Annexure-A, descriptions are not at all supported and the same should have been claimed by producing original receipts, tax receipts etc. and further the same should have been proved by adducing evidence on behalf of the parties. Though Division Bench has specifically made an observation to provide an opportunity to the parties to lead evidence, that has not been complied by the parties. More particularly the petitioner i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elonging to the petitioner under lease license agreement. Since, the respondent-company failed to vacate the premises and pay the licence fee, the petitioner filed a suit in LE suit No.32/38-1992 on the file of the Small Causes Court at Mumbai. During the pendency of the said suit, the parties arrived at compromise and the suit came to be disposed of in terms of the compromise dated 31.03.1992. The respondent filed Civil Revision Petition No. 125/1995 before the High Court of Judicature, at Mumbai and the Court remanded to proceed with the case. The Execution came to be closed by its order dated 24.02.1995 in which the petitioner was directed to refund Rs. 22,00,000/- to the respondent-company and in turn, the respondent-company had agreed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led Revision petition in CRP No. 125/1995 and the Revision Petition came to be closed by directing the petitioner to hand over Rs. 22,00,000/- (Rupees Twenty Two Lakh only) and the parties accepted the same and liberty is reserved to agitate with regard to the arrears of Municipal Tax, compensation, telephone and other charges. In view of the liberty reserved, it is open to the petitioners only to make the claim in respect of the liberty which was granted. In the said revision petition, it has been observed by the Court that, both the parties shall get particulars of the pending litigation between them which are to be withdrawn by the respective parties. In the light of the observation made by the Hon'ble Court, what is left to petitioner i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ans and included Rs.70,000/- for premises, Rs.38,000/- for furniture and fixtures and Rs.20,000/- towards parking charges. Since, the respondent company committed default, the petition has been filed before the Bombay High Court. When the matter was pending before the High Court, the parties entered into a compromise settlement. This claim made by the petitioner is that from the date of the suit i.e. 1992 to 1995, the respondent-company has not paid arrears. Hence, rightly the present petition is filed. 8. Now this petition has to be examined in order to find out whether the terms entered into between the parties before the Hon'ble High Court at Bombay covers the controversy. In terms of the settlement between the parties an execution pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... details of the claim has been stated. The Annexure-A which discloses the amount of taxes in respect of the municipal tax for the period from April 1993 to March 1994 is Rs.7,57,928/- and municipal tax for the period from April 1994 to December 1994 is about Rs. 5,68,446/-. The Annexure-A also consists further charges like, electricity charges, telephone charges, municipal taxes and other maintenance charges etc. When these are the claims made in Annexure-A, the same has not been supported by any materials like electricity, telephone and municipal ,bills or even of municipal tax receipts etc. By claiming as per Annexure-A, descriptions are not at all supported and the same should have been claimed by producing original receipts, tax receipts ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
