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Documents citing M/S. Hindustan Zinc Ltd. vs Lt. Col. Satya Pal Wadhwa & Anr. on 19 September, 2012

Gulshan Rai Monga vs Sanjay Malhotra & Ors. on 4 February, 2015

Respondent No.1 has RC.REV. 399/2014 Page 8 of 13 admitted that he has another space measuring 923 Sq. ft. approximately on first floor F-38, South Extension, and whether the same can be used for commercial purpose or not is a triable issue. The respondents were required to show their bonafide requirement and absence of alternative accommodation which they have failed to do. The respondents in their settlement application under Order XXIII Rule 3 CPC being IA No. 15607/2008 in CS (OS) 109/2004 stated that they would sell the shop and Godown jointly and thus they would have earned huge profits by selling the Godown. Vide the impugned judgment the learned ARC has not considered the various legal aspects and the finding of the learned Trial Court that they have surrendered the premises at Dariba Kala is beyond pleadings. Reliance is placed on M.M. Quasim Vs. Manohar Lal Sharma & Ors. (1981) 3 SCC 36; Charan Dass Duggal Vs. Brahma Nand (1983) 1 SCC 301; Santosh Devi Soni Vs. Chand Kiran (2001) 1 SCC 255; Liaq Ahmed & Ors. Vs. Habeeb- Ur-Rehman AIR 2000 SC 2470; Inderjeet Kaur Vs. Nirpal Singh (2001) 1 SCC 706; Hindustan Zinc Ltd. Vs. Lt. Col.
Delhi High Court Cites 20 - Cited by 9 - M Gupta - Full Document
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