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2006 Supreme(All) 2585

RAKESH TIWARI
USHA INTERNATIONAL LTD. , AGRA – Appellant
Versus
UMESH CHANDRA AGARWAL – Respondent


Advocates appeared:
Yashwant Varma for the Petitioner; Kshitij Shailendra and Ashish Agrawal for the Respondents.

JUDGMENT

Hon’ble Rakesh Tiwari, J.—Heard Counsel for the parties and perused the record.

2. Brief facts of the case are that the petitioner is a company duly incorporated under the provisions of the Indian Companies Act, 1913 and is an existing company within the meaning of the Companies Act, 1956 and a Division known as M/s Agra Industrial Distributors. The aforesaid division was the marketing division of the petitioner and was engaged in the marketing and sale of electrical appliances manufactured and traded by the petitioner.

3. The dispute in the present writ petition relates to a shop situated in Market Namak Mandi, Chandausi, Moradabad which was given on rent at the rate of Rs.75/- per month by the landlord-respondent to the petitioner.

4. It is submitted that somewhere on or about 1972 the petitioner appointed respondent No. 2 Kishan Lal Khatri as its nominated dealer charged with the sale of products supplied to him by the petitioner. There existed no dispute between the parties till the landlord-respondent issued a notice seeking to terminate the tenancy in question. The ground taken in the said notice was that the petitioner had sub let the premises to Kishan Lal Khatri.

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