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2000 Supreme(SC) 1345

A.P.MISRA, N.S.HEGDE
National Textile Corporation (Maharashtra South) LTD. – Appellant
Versus
Standard Chartered Bank – Respondent


(1) HEARD learned Counsel for the parties.

(2) THE petitioner is a subsidiary of National Textile Corporation and respondent no.1 is the landlord of the suit premises. Respondent no.2 is the tenant of respondent no. 1 in respect of suit office premises and petitioner is the sole tenant in respect of part of the suit office premises. That during the pendency of the suit, respondent no.2 entered into a Consent Term with respondent no. 1 on 6th September, 1999 and under which he agreed to hand over to respondent no.1, 7800 square feet area of the suit office premises. In the Consent Term it is recorded that the area in occupation of the petitioner is only 3617 square feet out of the total area of 11, 417 square feet. This part of the Consent Term is the subject matter of the challenge in this petition.

(3) THE submission on behalf of the petitioner is that the said Consent Term was inter se between respondent no. 1 and respondent no. 2 and the petitioner was not a party to the said Consent Term and hence, the same is not binding. However, it seems the petitioner chose the wrong forum to challenge this, through writ petition under Articles 226 of the Constitution


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