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2011 Supreme(Mad) 1907

VINOD K.SHARMA
Savitri Leasing and Finance Ltd. Rep. by its Director Anand Singhal – Appellant
Versus
Spencer's Retail Limited – Respondent


Advocates Appeared:
For the Petitioner:S. Krishnan, Senior Counsel, K.S. Ganesh Babu, Advocate.
For the Respondent:P.S. Raman, Senior Counsel, A.A. Mohan, Advocate.

Judgment :-


1. This company petition has been filed under Section 433 (e) r/w. Section 434 (1)(a) & (c) r/w. 439 (i) (b) of the Companies Act, 1956.

2. It is pleaded that the petitioner is owner in possession of a commercial complex over a plot No.3, Indira Palace, Malaviya Nagar, Jaipur. The respondent was granted lease in the said premises for area measuring around 24,923 sq.ft on the lower ground floor (hereinafter referred to as the 'Leased Premises'), and approximately 2750 sq.ft built up area on the basement of Commercial Complex within the permitted service area. Lease was executed on 5th October 2006 and subsequent, lease agreement was executed on 30.07.2007.

3. Lease rent was fixed at Rs.43.95 per sq.ft per month of the chargeable area of 32,400 sq.ft for the first three years of the lease / term of 12 years subject to an increase of rent by 12% of the last paid rent after expiry of first three years and thereafter, 15% after end of every term of three years. The other charges were payable by the lessee, i.e. respondent company.

4. The case of the petitioner in Para 9 of the petition is that respondent company failed to pay the following dues:

"9. The petitioner submits tha

















































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