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TMI Blog2013 (3) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... 132/2000 was set aside and it was further observed by the Appellate Court that the parties to be given an opportunity to lead the evidence and pass the orders thereafter. Hence, the present petition. 2. It is the case of the petitioner that, respondent-company was in occupation of the premises belonging to the petitioner under lease license agreement. Since, the respondent-company failed to vacate the premises and pay the licence fee, the petitioner filed a suit in LE suit No.32/38-1992 on the file of the Small Causes Court at Mumbai. During the pendency of the said suit, the parties arrived at compromise and the suit came to be disposed of in terms of the compromise dated 31.03.1992. The respondent filed Civil Revision Petition No. 125/19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the suit premises till they vacate the same as provided therein. The said consent terms were accepted by both the parties and decree was drawn according to the terms. The execution proceedings were initiated, by the petitioners, during the pendency of the same, the respondent-company filed Revision petition in CRP No. 125/1995 and the Revision Petition came to be closed by directing the petitioner to hand over Rs. 22,00,000/- (Rupees Twenty Two Lakh only) and the parties accepted the same and liberty is reserved to agitate with regard to the arrears of Municipal Tax, compensation, telephone and other charges. In view of the liberty reserved, it is open to the petitioners only to make the claim in respect of the liberty which was gran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble Court at Mumbai in LE Suit 32/38-1992, the claims made against the respondent-company on the basis of the agreement entered into from 26.02.1992 to 26.03.1992 as per Annexures-C, D and E, in which it has been agreed between the parties that the respondent-company to pay rent which means and included Rs.70,000/- for premises, Rs.38,000/- for furniture and fixtures and Rs.20,000/- towards parking charges. Since, the respondent company committed default, the petition has been filed before the Bombay High Court. When the matter was pending before the High Court, the parties entered into a compromise settlement. This claim made by the petitioner is that from the date of the suit i.e. 1992 to 1995, the respondent-company has not paid arre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etc. In the compromise terms, the condition Nos.1 to 6 at Annexure-A annexed to the petition, the Miscellaneous notice No.513/1995, filed for permission to amend the execution application, the claim made as per Annexure-A which has been filed along with the memo dated 10.01.2005, in which details of the claim has been stated. The Annexure-A which discloses the amount of taxes in respect of the municipal tax for the period from April 1993 to March 1994 is Rs.7,57,928/- and municipal tax for the period from April 1994 to December 1994 is about Rs. 5,68,446/-. The Annexure-A also consists further charges like, electricity charges, telephone charges, municipal taxes and other maintenance charges etc. When these are the claims made in Annexure- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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