TANPREEN KOHLI Vs. INDUS TOWERS LTD.

JUDGEMENT

(1.) The present Suit is filed by Plaintiffs for 5 claims titled as (1) Licence fee for one month; (2) compensation in lieu of six months notice period; (3) costs for removal of RCC column and debris; (4) costs for compound wall; and (5) additional license fee for use of balance Suit plot in the particulars of claim / Exhibit "P" to the Suit plaint. Defendant has filed Counter Claim of Rs.7,86,550.00 for losses incurred by Defendant for construction of the Ground Based Tower (for short "GBT") which was demolished by the Corporation.

(2.) Relevant facts for adjudication of the present case are as under:-

(3.) On perusal of the above issues and after hearing the learned Advocates appearing for the parties, I find that issue Nos.2 and 3 are the principal contentious issues which are required to be determined by this Court on the basis of the dispute raised by the parties. However, before I proceed with the issues, at the outset the issue of jurisdiction has also be framed as issue No.1, which has been argued vehemently by both sides. Hence, I propose to decide the said issue at the outset, so that depending upon its outcome, I can either look into the other issues or otherwise pass appropriate directions.