PUNJAB NATIONAL BANK REP. BY ITS MANAGER SHRI. K. KRISHNA NAIK Vs. SENIOR DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA AND ESTATE OFFICE LIFE INSURANCE CORPORATION OF INDIA

JUDGEMENT

(1.) THE Petitioner is before this Court assailing the order dated 29.11.2005 passed in Case No. 2/2005 vide Annexure -G and the order dated 07.10.2009 passed in MA No. 2/2006 vide Annexure -L to the petition.

(2.) HEARD the learned senior counsel appearing for the Petitioners and the counsel appearing for Respondents and perused the petition papers.

(3.) HAVING heard the learned Counsel appearing for the parties, I have at the first instance perused the order dated 29.11.2005 passed in Case No. 2/2005. A perusal of the same would indicate that the proceedings at the first instance in fact is in respect of evicting the Petitioner from the premises since according to the Respondents, the Petitioners had continued in the premises even after 01.04.2005 after the period of the agreement had expired. In that regard, on receipt of the notice received from the Respondents, the Petitioners had indicated that they would vacate the premises within a period of six months. Further, as noticed ultimately the Petitioners have vacated on 05.06.2006. The question therefore is with regard to the quantum of licence fee/damages that is payable by the Petitioner from 01.04.2005 to 05.06.2006 since at the first instance the licence fee which had been fixed was at the rate of Rs. 10,271/ - and now the Estate Officer by his impugned order has fixed the damages at Rs. 66,240/ -per month for the said period. The said damages has been fixed by reckoning the rate of licence fee at Rs. 28/ -per sq feet from 01.04.2005 onwards.