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2022 Supreme(P&H) 482

SUDHIR MITTAL
Pt. B. D. Sharma University Of Health And Sciences – Appellant
Versus
Kavita – Respondent


Advocates Appeared:
Mr. Sanjiv Kumar Aggarwal, Advocate, Mr. Ojas Bansal, Advocate, Mr. Tejas Bansal, Advocate, for the Appellant, Mr. Sumeet Goel, Sr. Advocate, Mr. Dinesh Arora, Advocate, Mr. Rajneesh Chadwal, Aag Haryana, Mr. S.K. Garg Narwana, Sr. Advocate, Mr. Nitin Sachdeva, Advocate, for the Respondent.

ORDER

Sudhir Mittal, J. - A property identifiable as Shop No. 5 was given on licence to respondent No. 1 pursuant to tender submitted by her on 10.06.2010. The tender was provisionally accepted vide communication dated 08.07.2010. In terms thereof an undertaking by way of agreement dated 09.07.2010 was executed by respondent No. 1. Licence was for a period of one year w.e.f. 27.09.2010 till 26.09.2011 on payment of monthly licence fee of Rs. 9,75,000/-.

2. Clause 16 of the agreement entered into between the parties provides that licence fee was payable upto 7th of every English calender month. On failure to do so fine of Rs. 1000/- per day was payable upto 15th of the english calender month and on failure to deposit the licence fee along with fine by 15th of the month, the competent authority could cancel the licence and lock the premises without issuing notice along with forfeiture of security amount and other deposits. Clause 36 stipulates that on failure to vacate the premises on the last date of completion of licence period, the licencee would be liable to pay penal licence fee @ 10 times of the licence fee for the first three months and thereafter @ 20 times for the next three

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