Court No. - 38 Civil Misc. Restoration Application No.11890 of 2010 in Case :- WRIT - A No. - 18524 of 2003 Petitioner :- U.P. Power Corporation Ltd. Badaun And Another Respondent :- District Judge, Budaun And Others Petitioner Counsel :- Ranjit Saxena,H.P.Dubey Respondent Counsel :- C.S.C.,Manoj Misra Hon'ble Shishir Kumar,J.
This is an application for recall of the order dated 16.12,2009.
From the perusal of the application and affidavit, it appears that
there were certain personal grounds of the counsel for the
petitioner and in such circumstances he was not appearing in the
Court during the period when this case was being listed on
different dates.
In such circumstances, the order dated 16.12.2009 is hereby
recalled with a condition that as it is a case of enhancement of rent
and by the order impugned the amount of Rs.3333/- was fixed as
rent in 1995, the petitioner challenged the said order in 2003 and
obtained an conditional order to deposit certain amount and
admittedly, the petitioner is a Corporation occupying the premises
of the respondent, therefore, in my opinion in 2010 approximately
it should be Rs.15,000/- per month. In case the petitioner pays this
rent of Rs.15000/- per month from Jan.2010, the ejectment of the
petitioner will remain stayed otherwise in case of any default, the
respondents are free to initiate proceeding for ejectment of the
petitioner.
List this case before the appropriate Court for hearing.
Order Date :- 28.7.2010
V.Sri/-