Delhi High Court
M/S Shivali Construction Pvt Ltd vs M/S Earth Infrastructure Limited on 30 August, 2018
$~OS-23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 30.08.2018
+ CS(OS) 261/2017
M/S SHIVALI CONSTRUCTION PVT LTD ..... Plaintiff
Through Mr.Rohan Sharma, Adv.
versus
M/S EARTH INFRASTRUCTURE LIMITED ..... Defendant
Through Ex parte
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
1. This suit is filed seeking a decree of Rs.3,25,25,657/- along with
interest on account of unpaid lease rentals.
2. It is contended by the plaintiff that the defendant took on lease the
property No. 26, Plot No. 34, 1st Floor, Nailwal Estate, Western Extension
Area, Pusa Road, New Delhi by lease deed dated 05.08.2011 for a period of
three years commencing 11.07.2011. It is stated that as per the lease deed,
the agreed rental was Rs.12,17,562/- per month. The lease expired in July
2014. The parties renewed the lease for a further period of three years and
the rent was enhanced by 15% in terms of the lease deed dated 05.08.2011.
The rent now became Rs.14,00,197/-. It is pleaded that defendant continued
to violate the lease by not paying the rent regularly and as on February 2016,
a sum of Rs.1,61,11,680/- became due and payable. The plaintiff also came
to know that there was fire in the suit premises on 08.03.2016. The
CS(OS)261/2017 Page 1
defendant failed to inform the plaintiff about the same. Subsequently,
instead of paying its dues and handing back the possession, the defendant in
surreptitious manner, to avoid its obligation on 09.04.2016 sent a
communication stating that the lease stood terminated on 29.02.2016. It is
further stated in the said letter that the defendant tried to hand over
possession of the suit property but the plaintiff failed to take over the same.
3. Notice dated 08.06.2016 was sent to the defendant calling upon the
defendant to pay the arrears of rent of Rs. 2,09,21,352/-. Another notice was
sent on 07.03.2017 as there was no response to the earlier notice. It is
pleaded that the ledger account of the defendant maintained by the plaintiff
shows a balance of Rs. 2,09,76,408.62/- on account of unpaid rent. It is
further pleaded that the defendant is also liable to pay arrears of electricity
i.e. Rs.2,17,878/-. Hence, a total of Rs.2,11,94,286/- is payable as rent and
electricity dues as on 01.06.2016. Damages of Rs. 50 lakhs are also claimed
from June 2016 till the suit property is restored to its original position.
Another sum of Rs.40 lakhs is sought for restoration and repair of the
property.
4. On 07.07.2017, the Joint Registrar noted that the defendant had been
served but none appeared for the defendant. On 14.11.2017, the defendant
was proceeded ex parte.
5. The plaintiff has filed the evidence of Mr. Saurabh Jain, PW-1 who
has tendered his affidavit by way of evidence. The contentions of the plaint
have been reiterated in the affidavit by way of evidence.
6. I may only note that the exact date from which the rents have been
claimed by the plaintiff is not stated in the plaint or in the evidence. Sum of
Rs.2,09,76,408.62/- is claimed as outstanding from the book accounts. In
CS(OS)261/2017 Page 2
addition, there are arrears of electricity dues of Rs.2,17,878/- making a total
of Rs.2,11,94,286/- as on 01.06.2016. Interest is claimed @ 12% p.a. w.e.f.
June 2016. In addition a sum of Rs. 50 lakhs is claimed for damages.
Another sum of Rs.40 lakhs is claimed for restoration/repair.
7. As far as unpaid rentals and electricity dues are concerned, the
plaintiff is obviously entitled to recover the same. Regarding the damages on
account of the unpaid rentals for the period post June 2016 till the physical
possession was received by the plaintiff, the exact date when the possession
has been received has also not been stated. The plaint and evidence is silent
how this amount has been calculated. Similarly, there is no evidence to show
that a sum of Rs. 40 lakhs would be required to get the property repaired or
that the property was damaged by the defendant. In my opinion, the plaintiff
has not been able to prove the damages of Rs. 50 lakhs and the claim for Rs.
40 lakh regarding repair.
8. Accordingly, a decree is passed in favour of the plaintiff and against
the defendant for a sum of Rs.2,11,94,286/- plus interest @ 12 p.a. of
Rs.23,31,371/- being total of Rs.2,35,25,657/-. The plaintiff shall also be
entitled to pendente lite interest @ 10% p.a. from the date of filing of the
suit till passing of the decree. The plaintiff shall also be entitled to 10% p.a.
simple interest from the date of decree till recovery. The plaintiff shall also
be entitled to actual costs.
9. The suit stands disposed of. All pending applications, if any, also
stand disposed of.
JAYANT NATH, J
AUGUST 30, 2018
rb
CS(OS)261/2017 Page 3
