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2022 Supreme(All) 870

NEERAJ TIWARI
Air Plaza Holding Pvt. Ltd. – Appellant
Versus
Nitin Malhotra – Respondent


Advocates Appeared:
For the Revisionist :Sushil Shukla, Ishir Sripat, Sr. Advocate
For the Opposite Party : Ashish Kumar Srivastava

JUDGMENT :

1. Heard Sri Rahul Sripat, learned senior counsel assisted by Sri Sushil Shukla along with Sri Ishir Sripat, learned counsel for the revisionist-defendant and Sri Navin Sinha, learned senior counsel assisted by Sri Ashish Kumar Srivastava, learned counsel for the respondents-plaintiffs.

2. Present revision has been filed challenging the order dated 28.02.2022 passed by Additional District Judge, Court No. 10, Varanasi in Misc. Case No. 389 of 2021 (Air Plaza Holding Pvt. Ltd. Vs. Nitin Malhotra And Another).

3. Learned counsel for the revisionist-defendant submitted that revisionist-defendant is a company incorporated under the Companies Act, 1956 engaged in business of operation of retail outlets of apparel, food, products, FMCG products and other goods throughout India and is currently operating around 500 retail outlet stores in the country. The agreement to lease dated 30.08.2019 was signed by revisionist-defendant and plaintiffs-respondents-plaintiffs for ten years, which provides 60 days of rent free period from the date of possession. The revisionist-defendant entered into possession on 5.10.2019 and was not liable to pay rent till December, 2019. Without waiting

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