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2009 Supreme(Del) 9

VIPIN SANGHI
DUNLOP INDIA LTD. – Appellant
Versus
BANK OF BARODA – Respondent


Advocates Appeared:
Mr. C. Mukund, Mr. Pankaj Jain, Mr. Ashok Jain & Mr. Amit Kasera, Advocates
Mr. Arun Aggarwal, Advocate

VIPIN SANGHI, J.

1. In this petition under Article 226 of the Constitution of India, the petitioner seeks a writ for quashing the orders dated 12.1.2008 and 15.3.2008 passed in Eviction Petition No.1/2006 by the Estate Officer, Bank of Baroda, Zonal Branch, New Delhi appointed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short `the Act?), with a further direction that the Estate Officer should proceed only with the proceedings under Sections 4 and 5 of the Act and not with the proceedings under Section 7 of the Act. The petitioner also seeks a direction for removal of the Estate Officer and for appointment of another Estate Officer as this Court may deem fit and proper.

2. By lease dated 30.8.1977, the petitioner took on lease from respondent no.1, premises admeasuring 1382.26 sq.ft on the 7th floor of the building known as Bank of Baroda Building, 16 Parliament Street, New Delhi for a period of ten years w.e.f. 1.6.1971 on a monthly rent of Rs.3885.42 inclusive of current taxes and Rs. 400/- per month for car parking space for two motor cars in the basement. The lease was extended for a period of five years on the same terms and conditions. It








































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