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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO.17-20 OF 2017 INTERLOCUTORY APPLICATION NO.47800 OF 2017 IN CIVIL APPEAL NO.3840-3843/2017 AMIT KUMAR & ANR.

APPELLANT(S)/ APPLICANT(S) VERSUS

BHUSHAN LAL

RESPONDENT(S) O R D E R

1.

We have heard the learned counsels for

the parties. 2.

By this application recall of the part

of the judgment dated 08.03.2017 passed by this Court has been prayed for. The said part of the order pertains to the shop-house which was ordered by the High Court to be retained by the tenant on payment of enhanced rent of Rs.6,000/- per month on the basis of a statement made by the learned counsel appearing for the landlord.

The

said

order of the High Court has been affirmed by this Court in judgment dated 08.03.2017. Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2018.03.28 17:45:15 IST Reason:

3.

We have considered the grounds on which

recall of the judgment dated 08.03.2017 is prayed for and it is our considered view that as the

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claim of the landlord that the aforesaid statement allegedly

made

instructions,

by

his

appears

to

counsel be

was

without

sustainable,

inter

alia, on the basis of the complaint filed by the landlord

against

his

counsel

before

the

Bar

Council of India, we are of the view that the aforesaid part of the judgment should be recalled and

substituted

by

a

direction

remanding

the

matter to the High Court for de novo consideration of the case of the parties so far as the shophouse is concerned. We order accordingly. 4.

Until the High Court decides the matter

in terms of the present directions, the present position

with

regard

to

the

possession

of

the

shop-house with the tenant on payment of rent at Rs.6,000/- per month shall continue. 5.

Miscellaneous/Interlocutory applications

are disposed

of in the above terms. ....................,J. (RANJAN GOGOI)

....................,J. (R. BANUMATHI) NEW DELHI MARCH 28, 2018

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COURT NO.3 S U P R E M E C O U R T O F RECORD OF PROCEEDINGS

SECTION IV I N D I A

MISCELLANEOUS APPLICATION NO.17-20 OF 2017 INTERLOCUTORY APPLICATION NO.47800 OF 2017 IN CIVIL APPEAL NO.3840-3843/2017 AMIT KUMAR & ANR.

Petitioner(s) VERSUS

BHUSHAN LAL

Respondent(s)

(FOR ADMISSION ) Date : 28-03-2018 These applns. were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s)

Mr. Mr. Mr. Mr.

Yadunandan Bansal, Adv. Reepak Kansal, Adv. Amit Kumar, Adv. Abhijat P. Medh, AOR

For Respondent(s)

Mr. Siddharth Jain, Adv. Mr. Ugra Shankar Prasad, AOR

UPON hearing the counsel the Court made the following O R D E R

Miscellaneous/Interlocutory applications are disposed of in terms of the signed order.

(NEETU KHAJURIA) COURT MASTER

(ASHA SONI) BRANCH OFFICER

(Signed order is placed on the file.)