NALINI MEHRA Vs. GROUP CAPTAIN H. KAUSHAL & ANR

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5708 of 2006, Judgment Date: Mar 29, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                        CIVIL APPEAL NO.5708 OF 2006


NALINI MEHRA                                                   APPELLANT(S)


                                VERSUS


GROUP CAPTAIN H. KAUSHAL & ANR.                               RESPONDENT(S)


                               J U D G M E N T

KURIAN, J.

1.    The appellant has come up against an order of remand.  The High  Court
has remitted the case to the Competent Authority to  decide  the  amount  of
compensation payable to the landlord.  The High  Court  has  made  it  clear
that except the jurisdiction aspect it will be open to the appellant  herein
to take all available contentions before the Competent Authority.
2.    In that view of the  matter,  we  do  not  find  it  a  fit  case  for
interference.  The appeal is hence dismissed.
3.    However, it will be open to both  the  sides  to  take  all  available
contentions except the  contention  on  jurisdiction  before  the  Competent
Authority.
4.    Pending applications, if any, shall stand disposed of.
5.    There shall be no orders as to costs.

                                                   .......................J.
                                                             [KURIAN JOSEPH]


                                                   .......................J.
                                                              [R. BANUMATHI]
      NEW DELHI;
      MARCH 29, 2017.