DUNLOP INDIA LTD Vs. BANK OF BARODA

JUDGEMENT

(1.) THIS Intra-Court appeal impugns the orders dated 23 rd December, 2011 and 10th April, 2012 of the learned Single Judge, dispensing issuance of notice of W.P.(C) No. 9013/2011 preferred by the appellant to the respondent no.2 Estate Officer of the respondent no.1 Bank and ultimately dismissing the writ petition. The said writ petition was preferred by the appellant impugning the order dated 14th December, 2011 of the District Judge exercising power as an Appellate Authority under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, dismissing the appeal preferred by the appellant against the order dated 20 th July, 2010 of the respondent no.2 Estate Officer of the respondent no.1 Bank, of eviction of the appellant from premises ad-measuring 1382.26 sq. ft. on the 7th Floor of Bank of Baroda Building, 16, Parliament Street, New Delhi.

(2.) WE had while issuing notice of the appeal, on the application of the appellant for interim relief, stayed the dispossession of the appellant subject to deposit by the appellant in this Court of the entire amount due as per the order of the respondent no.2 Estate Officer. Notwithstanding the fact that the appellant did not make any deposit in this Court and is in arrears, the respondent no.1 Bank, owing to the pendency of this appeal has not dispossessed the appellant from the premises.

(3.) THE learned District Judge dismissed the statutory appeal preferred by the appellant holding that the tenancy of the appellant having been determined, the appellant had no right to continue in the premises. Aggrieved therefrom, writ petition aforesaid was preferred.