DUNLOP INDIA LTD Vs. BANK OF BARODA

JUDGEMENT

(1.) Alleging discrimination and bias against the Estate Officer, order of 20th July, 2010 evicting the petitioner from 1382.26 sq.ft. space on 7th floor of Bank of Baroda building at 16, Parliament Street, New Delhi (hereinafter referred to as the subject premises) was unsuccessfully challenged by the petitioner by preferring a statutory appeal under Public Premises (Eviction of Unauthorised Occupants) Act, 1971, which stands dismissed vide impugned order of 14th December, 2011. Undisputed facts as noted in the impugned order are that petitioner's lease on the subject premises was last extended with effect from 1st June, 1986 for a period of five years and vide respondent's Communication of 22nd January, 1990, petitioner was called upon to clear the arrears of lease money, due since July, 1988. Having failed to clear the arrears of Rs.21,68,399.52 p., 'notice to quit' of 23rd May, 2006 was served by the respondent - bank upon the petitioner, who had responded to it, by expressing inability to clear the arrears as the petitioner's company was under Board For Industrial & Financial Reconstruction proceedings. It is not in dispute that no fresh Lease Deed was executed after the expiry of the lease on 31st May, 1991. The proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 initiated against the petitioner-company, resulted in passing of the Eviction Order against the petitioner-company.

(2.) The grounds on which the plea of bias against the Estate Officer is based stands noted in paragraph no: 6 of the impugned order, which negates this plea while threadbare dealing with the grounds upon which plea of bias was based. On the plea of bias, the findings returned in the impugned order are contained in paragraph no: 10, 11 and 17 of the impugned order, which are as under:-

(3.) The same very grounds which were raised to allege bias against the Estate Officer, were reiterated at the hearing of this petition, which are as under:-