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2017 Supreme(Jhk) 2154

SHREE CHANDRASHEKHAR
Toll (india) Logistics Pvt. Ltd. – Appellant
Versus
K. u. Auto Engineering Pvt. Ltd – Respondent


Advocates Appeared:
Vishal Kumar Tiwary and Pravin Kumar, Advocates, for the Petitioners; S.L. Agrawal and Jitesh Kumar, Advocates, for the Respondents

JUDGMENT

Chandrashekhar, J. - Aggrieved of order dated 11.8.2016 passed in Money Suit No. 9 of 2009 whereby an application for amendment in the plaint filed on 20.7.2015 when the suit was fixed for arguments, has been allowed, the petitioner-M/s. Toll (India) Logistics Pvt. Ltd. has approached this Court.

2. Money Suit No. 9 of 2009 was instituted by M/s. K.U. Auto Engineering Pvt. Ltd. for a decree of compensation for Rs. 5,95,87,250/- towards the cost of rebuilding the demised premises together with interest on the said amount till it is fully paid to the plaintiff. Another prayer was for payment of rental loss to the plaintiff from February, 2009 when the premises were abandoned by the defendants. The plaintiff has pleaded that in March, 2001, after a negotiation, 1,00,962 square feet vacant land alongwith infrastructural facilities bounded by pucca boundary wall from all sides belonging to the plaintiff-company was handed over to defendant No. 1 company on lease. The lease was for a period of 8 years and 5 months, commencing from 1st day of April, 2001 and the monthly rental fixed was Rs. 5,40,078/- per month. The plaintiff has further pleaded that on inspection from time to tim

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