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2016 Supreme(Del) 2483

JAYANT NATH
BSES RAJDHANI POWER LTD THR ITS AUTHORISED SIGNATORY – Appellant
Versus
I. D. SHARMA – Respondent


Advocates Appeared:
For the Petitioner: Mr.Gulshan Chawla
For the Respondent: Mr. S.P. Singh Chaudhari, Mr.Y.R. Sharma, Mr. Malay Dwivedi, Mr. S.K. Chaturvedi, Mr. Sandeep Kr., Mr. Sumeet Pushkarna, Adv, Mr.P. Narayan, Mr.Gautam Narayan, with Ms.Shruthi Parasa, Adv

JUDGMENT :

JAYANT NATH, J.

1. By the present petition the petitioner seeks to impugn the order passed by the Trial Court dated 15.4.2015 by which the petition was dismissed holding that whatever amount is payable by the decreeholder/respondent to the petitioner on account of unauthorised occupation of the official accommodation by the Decree holder would be a separate cause of action for the petitioner and cannot be adjusted against the decretal amount to the satisfaction of the decree in favour of respondent No.1.

2. This Court vide order dated 27.8.2015 had passed a direction pointing out that the respondent No.1 had been in unauthorised occupation of the official accommodation provided to him and as a consequence of which the Estate Officer has imposed certain damages/user charges exceeding over Rs.5 lacs. This order was not challenged and attained finality. This Court had directed the petitioner to prepare a statement of accounts after deduction of these charges for unauthorised occupation and to file the statement.

3. Learned counsel for the petitioner states that this statement has been filed. Respondent No.1 disputes the statement. Parties have attempted settlement before the Me



















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