LAWS(KAR)-2016-7-80

PEARL PORTS AND WAREHOUSING PRIVATE LIMITED, BANGALORE Vs. MYSORE SALES INTERNATIONAL LIMITED, CUNNINGHAM ROAD, BANGALORE AND ANOTHER

Decided On July 25, 2016
Pearl Ports And Warehousing Private Limited, Bangalore Appellant
V/S
Mysore Sales International Limited, Cunningham Road, Bangalore and another Respondents

JUDGEMENT

(1.) The petitioner is before this Court assailing the cancellation letter dated 17-10-2013 at Annexure-P to the petition. In that light, the petitioner is seeking issue of mandamus directing the respondents to execute the fresh lease deed, register the same and handover the possession of the schedule premises. The lease deed is sought within one month after complying the Clause 1 of the lease deed dated 29-12-2012.

(2.) Petitioner is a Company incorporated under the provisions of the Companies Act, 1956, doing the business of Ports and Warehousing. They had entered into certain transaction with the respondent 1, a Government owned Company for taking on lease an area measuring 85,888 square feet. In that regard, the lease agreement dated 29-12-2012 was entered into between the petitioner and the first respondent. Though the terms of the agreement did not materialise and possession of the premises was not granted to the petitioner, the first respondent through the communication dated 17-10-2013 at Annexure-P has inform the petitioner that the agreement dated 29-12-2012 would stand cancelled. It is in that view, the petitioner is before this Court.

(3.) The respondents have filed their objections statement.