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2013 (3) TMI 116 - KARNATAKA HIGH COURTArrears of rent - respondent-company was in occupation of the premises belonging to the petitioner under lease license agreement who failed to vacate the premises and pay the licence fee - During the pendency of the suit filled by petitioner the parties arrived at compromise - respondent filed Civil Revision Petition before the High Court Mumbai who remanded to proceed with the case & Execution came to be closed in which the petitioner was directed to refund Rs. 22,00,000/- to the respondent-company and in turn, the respondent-company had agreed to vacate the vacant possession of the schedule premises & with regard to the Municipal Tax, Telephone charges etc, liberty was reserved to the petitioners to agitate the same before the Appropriate Forum - Held that:- When these are the claims made in Annexure-A, the same has not been supported by any materials like electricity, telephone and municipal ,bills or even of municipal tax receipts etc. By claiming as per Annexure-A, descriptions are not at all supported and the same should have been claimed by producing original receipts, tax receipts etc. and further the same should have been proved by adducing evidence on behalf of the parties. Though Division Bench has specifically made an observation to provide an opportunity to the parties to lead evidence, that has not been complied by the parties. More particularly the petitioner in proving his claims and virtually the claim is made only on the basis of the typed script and no original material is produced and the parties are not at all examined. Under these circumstances, the demand made in the statutory notice dated 12.10.1996 Annexure-O cannot be construed as debt and though liberty was reserved by the Mumbai High Court to the petitioners to agitate in respect of the those points, without referring to any liberty or opportunity, the same mandates to do that and agitation should be on the basis of the materials and evidence - company petition is hereby dismissed.
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