JAGDEEP INDUSTRIES Vs. GIDC

JUDGEMENT

(1.) HEARD learned advocate Mr. Y.N. Ravani for the petitioner and learned advocate Mr. M.G. Nagarkar for the respondents.

(2.) IN substance, the question which now survives after an order already passed by this Court in Civil Application No.1491 of 2008 on 6.8.2008, whereby the petitioner was directed to pay an amount of Rs.5,54,191/- under protest subject to final order that may be passed in this petition, and the respondent-GIDC was directed to issue 'No Due Certificate', is only about the rent, about which the claim of the petitioner is that the petitioner is not liable to pay as the petitioner was deprived of enjoyment of the plot for 'no fault' on his part. 2.1. Learned advocate Mr. Ravani for the petitioner relied upon a decision of the Hon'ble the Apex Court in the matter of RAICHURMATHAM PRABHAKAR AND ANOTHER Vs RAWATMAL DUGAR reported in (2004)4 Supreme Court Cases 766.