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2016 Supreme(Del) 3434

MANMOHAN SINGH
Friends Motel Pvt. Ltd. Through Its Director Mr. Arun Diwedi – Appellant
Versus
Supertrack Hotels Pvt. Ltd Through Its Director MR. Sunil GuptA – Respondent


Advocates Appeared:
For the Appellant : Mr. Sandeep Sethi, Sr. Adv. with Mr.S.P. Sinha and Mr.Shahid Anwar, Advs.
For the Respondent: Mr. Sunil Gupta in person.

JUDGMENT :

MANMOHAN SINGH, J.

1. By order dated 29th April, 2016 the present petition was disposed of with the following directions:

“36. Therefore, for the aforementioned reasons, the present petition is disposed of with the direction that the respondent is directed to pay a sum of Rs.13,04,490/- outstanding amount of agreed rent as per lease deed from November, 2015 till 30th April, 2016, within two weeks from today to the petitioner, with an undertaking to be filed by way of affidavit within the same period of time that it would continue to pay the agreed rent regularly without any failure. In failure to comply the said direction, the respondent shall hand over the vacant possession to the petitioner after the expiry of two weeks.

37. As far as the other claims of the petitioner, i.e. damages at Rs.2 lac per day are concerned, the same dispute may be raised before the Arbitral Tribunal. Similarly, the respondent is also allowed to raise its claim as alleged in the reply including the amount spent by him on the premises, the said claims of the parties shall be decided as per its own merits by the Arbitral Tribunal.”

2. The abovementioned application has been filed by the petitioner fo
























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