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2016 Supreme(All) 3397

SUNITA AGARWAL
Fair Growth Exports Private Ltd. – Appellant
Versus
Sanjeev Kandhari – Respondent


Advocates Appeared:
For the Petitioner:- Madhav Jain, Advocate.
For the Respondent:- Yash Tandon, Advocate.

JUDGMENT

Mrs. Sunita Agarwal, J. –

Heard Sri Madhav Jain learned counsel for the petitioner and Sri Anurag Khanna, learned Senior Advocate assisted by Sri Yash Tandon learned counsel for the respondents.

2. By means of the present petition, the orders dated 3.9.2015, 24.2.2016 & 9.3.2016 passed by Additional District Judge/Special Judge (SC/ST Act), Gautam Buddh Nagar in S.C.C. Suit No.15 of 2013 (Sanjeev Kandhari & Ors. v. M/s FAIR GROWTH Exports Private Limited) are under challenge.

3. Submission of learned counsel for the petitioner is that Suit No.15 of 2013 has been filed with the specific contention that the petitioner/defendant therein was a licensee of the suit property. The attention of the Court is invited to the plaint of the said suit filed on 1.7.2013. The plaintiff has specifically stated therein that the defendant/petitioner was inducted in the suit property as a licensee vide licence deed dated 25.5.2010 which was valid till 31.3.2019. Under the said deed, the defendant was required to pay the license fee regularly month by month on or before 10th of each month. The license fee was not paid strictly in the terms and conditions of license deed and, therefore, notice was



































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