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2019 Supreme(Online)(SC) 2918

SUPREME COURT
Ms Binu Tamta, J
Delhi Development Authority v. Nalwa Sons Investment Limited and Another


Advocates:
For the Appellants/Petitioners: Ms Binu Tamta
For the Respondents: Mr Jayant Bhushan

Table of Content
1. background on lease and demerger (Para 2 , 3 , 4)
2. policy on unearned increase charges (Para 5 , 6)
3. lower court's reasoning on demurrage (Para 7 , 8)
4. appellant's arguments on lease deed interpretation (Para 9 , 10 , 11 , 12)
5. court's analysis on lease obligations (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
6. conclusion upholding lower court's decision (Para 21)

1. Leave granted. The seminal question involved in the present appeal is : If the original lessee (Respondent 1, a public limited company) in respect of the plot given on lease by the appellant, transfers the same to another public limited company, albeit an alter ego of the former, consequent to an order of arrangement and demerger passed by the Company Judge, then whether it is liable to pay 50% unearned increase ("UEI") on the market value of the plot to the appellant (lessor)?

2. Briefly stated, in an auction conducted by the appellant, Respondent 1 (former name Jindal Strips Ltd.) was allotted a commercial plot in Bhikaji Cama Place, New Delhi, on 233-1993. Possession of the plot was handed over to Respondent 1 on 6-9-1993 and a perpetual lease deed dated 28-9-1993, was executed by the appellant














































































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