RAI CHATTOPADHYAY
Pradip Dhar – Appellant
Versus
United Bank of India – Respondent
JUDGMENT :
(Rai Chattopadhyay, J.) :
1. The writ petitioner’s grievance is with respect to the alleged non-compliance with the terms of lease agreement by the respondent bank, also regarding non-payment by the respondent authority of the rent and taxes with regard to the premises leased out to it, by the predecessor of the petitioner. It is stated that the rent amount has remained unpaid from January 2015 till August 27, 2018. Likewise the corporation tax and charge have been due from July 2014 till August 2018. The property was handed over to the petitioner by the respondent/bank on August 27, 2018.
2. Hence, this writ petition, to seek redress as regards the alleged inaction and for direction that:-(i) an amount of Rs. 9,84,157/- be paid by the respondent/bank to the writ petitioner on account of rent calculated from January 2015 to August 2018 and; (ii) an amount of Rs. 1,72,193/-on account of corporation tax and such charges calculated from July 2014 to August 2018, be also paid by the respondent/bank – totalling the sum of Rs. 11,56,350/-, with an interest at rate of 12% per annum till the date of its payment.
3. It is necessary that the factual background may be discussed in
State of Bihar & Ors. vs. Jain Plastics & chemicals Ltd. reported in (2002) 1 SCC 216
Binny Ltd. & Anr. vs. V. Sadasivan & Ors.
Sanjana M. Wig vs Hindustan Petroleum Corporation Limited reported in (2005) 8 SCC 242
Godavari Sugar Mills Limited vs State of Maharashtra reported in (2011) 2 SCC 439
Zee Teleflims Limited & Another vs UOI & Another reported in (2005) 4 SCC 649
Sukhdev Singh vs Bhagat Ram Sardar Singh Raghuvanshi reported in (1975) 1 SCC 421
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