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* IN THE HIGH COWT OF DELHI AT NEW DELHI
+ W.P.(C) 4582/2015
LIFE INSURANCE CO^^PORATION OF INDIA..... Petitioner
Throi|gh Mr.Mohinder Singh, Mr. Ankur Goel and . , Mr.Lovekesh Aggarwal, Advocates.' , / versui
AKHLAQ AHMED ANt) ORS.
' Respondents , Through Mr.Gautam Khazanchi and Ms.Tara, Nanila,-Advocates for R-l to R-6.
+ ., W.P.(C) 4583/2015
^ LIFE INSURANCE CORPORATION OF INDIA
' ..... Petitioner, Through Mr.Mohinder Singh, Mr. Ankur Goel and Mr.Lovekesh Aggarwal, Advocates.
! - ,
* IN THE HIGH COWT OF DELHI AT NEW DELHI
+ W.P.(C) 4582/2015
LIFE INSURANCE CO^^PORATION OF INDIA..... Petitioner
Throi|gh Mr.Mohinder Singh, Mr. Ankur Goel and . , Mr.Lovekesh Aggarwal, Advocates.' , / versui
AKHLAQ AHMED ANt) ORS.
' Respondents , Through Mr.Gautam Khazanchi and Ms.Tara, Nanila,-Advocates for R-l to R-6.
+ ., W.P.(C) 4583/2015
^ LIFE INSURANCE CORPORATION OF INDIA
' ..... Petitioner, Through Mr.Mohinder Singh, Mr. Ankur Goel and Mr.Lovekesh Aggarwal, Advocates.
! - ,
VERSUS
SHANTISAGARMALHOTRA&ORS. .....Respondents
" Through, MriGautam Khazanchi and Ms.Tara
Narula, Advocates for R-i to R-6. , + W.P.(C) 4584/2015 /
LIFE INSURANCE CORPORATION OF INDIA
Petitioner
, Through Mr.Mohinder Singh, Mr. Ankur Goel and Mr.Lovekesh Aggarwal, Advocates. . ,
" Through, MriGautam Khazanchi and Ms.Tara
Narula, Advocates for R-i to R-6. , + W.P.(C) 4584/2015 /
LIFE INSURANCE CORPORATION OF INDIA
Petitioner
, Through Mr.Mohinder Singh, Mr. Ankur Goel and Mr.Lovekesh Aggarwal, Advocates. . ,
VERSUS
, . ^
2016:DHC:8644
•+
AKHLAQ AHMED & QRS
Through
W.P.(C) 4585/2015
' ; , . Respondents
Mr.Gautam Khazanchi and Ms.Tara
Narula, Advocates for R-1 to R-6.
LIFE ESrSURANCE CORPORATION OF INDIA
\ ..... Petitioner
• ' Through .' Mr.Mbhinder Singh, Mr. Anldir Goel
. and Mr.Lovekesh Aggarwal, - Advocates.
-
2016:DHC:8644
•+
AKHLAQ AHMED & QRS
Through
W.P.(C) 4585/2015
' ; , . Respondents
Mr.Gautam Khazanchi and Ms.Tara
Narula, Advocates for R-1 to R-6.
LIFE ESrSURANCE CORPORATION OF INDIA
\ ..... Petitioner
• ' Through .' Mr.Mbhinder Singh, Mr. Anldir Goel
. and Mr.Lovekesh Aggarwal, - Advocates.
-
VERSUS
: . _
. . -• •• • • • • "
SliANTI SAGAR MALHOTRA &ANR Respondent
Through Mr.Gautam Khazanchi and Ms.Tara
> Narula, Advocates Tor R-1 to R-6. -
. . -• •• • • • • "
SliANTI SAGAR MALHOTRA &ANR Respondent
Through Mr.Gautam Khazanchi and Ms.Tara
> Narula, Advocates Tor R-1 to R-6. -
CORAM:'
HON'BLE MS. JUSTICE INDERMEET KAUR
% 05.10.2016
The prayer clause inthepetitions has been perused.
, These petitions have,laid challenge to the orders passed by the learned Distnct Judge (appellate Body) under Section 9, ofthe Public
^ ,Premises (Eviction of Unauthorized Occupants) Act, 1971. - The impugned order had relied upon ajudgment pronounced by the Apex
Court reported as 2014 (2) SCALE 223 Dr: Suhas HPovhale Vs.
;Oriental Insurance Corporation Ltd. That
% 05.10.2016
The prayer clause inthepetitions has been perused.
, These petitions have,laid challenge to the orders passed by the learned Distnct Judge (appellate Body) under Section 9, ofthe Public
^ ,Premises (Eviction of Unauthorized Occupants) Act, 1971. - The impugned order had relied upon ajudgment pronounced by the Apex
Court reported as 2014 (2) SCALE 223 Dr: Suhas HPovhale Vs.
;Oriental Insurance Corporation Ltd. That
ORDER
had laid down
• law as to the date when the Public Premises (Eviction of
Unauthorized Occupants) Act, 1971 may applicable, in certain cases.
A review petition had been filed against the judgment of Suhas
H.Pophale (supra) which had been dismissed on 09.9.2014. The curative petition was also declined on 10.9.2015. This position is , ♦
• law as to the date when the Public Premises (Eviction of
Unauthorized Occupants) Act, 1971 may applicable, in certain cases.
A review petition had been filed against the judgment of Suhas
H.Pophale (supra) which had been dismissed on 09.9.2014. The curative petition was also declined on 10.9.2015. This position is , ♦
\Q admitted. .V ^ .
, Learned counsel'for respondents additionally submits that the judgment of Suhas H.Povhale is the law as oin date and has been followed by the.Bench ofthe Apex Court in (2014) 16 SCC 321 Band
Box Private Limited Vs. Estate Officer, Punjab ahd Sind' Bank and
Another reported, and again in Damvanti Verma Vs. LIC SLP (C) .
18415-19/2012 decided on 19.02.2014.
Since the ratio ofSubhas H.Pophale is the law ofthe land as on date, these petitions seeking toimpugnithe orier ofthe District Judge dated 10.10.2014'(which is premised on the law laid down by the
' - " I • - 1 .
Apex Court in Subhas H.Povhale are not maintainable.. , However; liberty-is granted to the petitioners to approach the
, Court in case that judgment is varied/modified as the contention of : the petitioner on this count is that there is a conflict in the law laid . down by the two judge Bench of the Apex Court in Subhas , H.Povhale qua the legal position in (1990) 4 SCC 406 Ashok
Marketins Vs. Punjab National Bank (supra) and the matter is likely to be placed before the larger Bench ofthe Apex Court.
Petitions are disposed in the above terma ' •
INDERMEET KAUR, J
OCTOBER 05, 2016 ndn
, Learned counsel'for respondents additionally submits that the judgment of Suhas H.Povhale is the law as oin date and has been followed by the.Bench ofthe Apex Court in (2014) 16 SCC 321 Band
Box Private Limited Vs. Estate Officer, Punjab ahd Sind' Bank and
Another reported, and again in Damvanti Verma Vs. LIC SLP (C) .
18415-19/2012 decided on 19.02.2014.
Since the ratio ofSubhas H.Pophale is the law ofthe land as on date, these petitions seeking toimpugnithe orier ofthe District Judge dated 10.10.2014'(which is premised on the law laid down by the
' - " I • - 1 .
Apex Court in Subhas H.Povhale are not maintainable.. , However; liberty-is granted to the petitioners to approach the
, Court in case that judgment is varied/modified as the contention of : the petitioner on this count is that there is a conflict in the law laid . down by the two judge Bench of the Apex Court in Subhas , H.Povhale qua the legal position in (1990) 4 SCC 406 Ashok
Marketins Vs. Punjab National Bank (supra) and the matter is likely to be placed before the larger Bench ofthe Apex Court.
Petitions are disposed in the above terma ' •
INDERMEET KAUR, J
OCTOBER 05, 2016 ndn