Ranjan Dagar & Anr. vs Omaxe Ltd
2018 Latest Caselaw 6654 Del

$~8
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                Date of Decision: 02.11.2018
+      OMP (ENF.) (COMM.) 25/2017, I.A. 2453/2017, I.A. 2975/2017,
       I.A. 9764/2017 & I.A. 4693/2018
       RANJAN DAGAR & ANR.                       ..... Decree Holders
                         Through     Mr. B.B. Gupta, Sr. Adv. with
                                     Mr. Rajinder Mathur, Adv.,
                         versus
       OMAXE LTD                                 .... Judgment Debtor
                         Through: Mr. Ramesh Singh, Mr. Shalabh
                                     Singhal, Mr. Nipun Malhotra and Mr.
                                     Rajesh Kumar, Advs.

       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER

       RAJIV SHAKDHER, J. (ORAL)

1. Learned counsel for the parties say that mediation has failed.

2. However, after some arguments, learned counsel for the parties have reached an agreement on terms which are set forth hereafter:

(i) The Judgment Debtor i.e., OMAXE LTD, would pay lease rent for the period spanning between 1.8.2014 and 11.11.2015 at the rate of Rs.5,67,159/- per month, within a period of three months from the date of receipt of a copy of the order with interest at the rate of 10% commencing from 11.11.2015.

(ii) The amount deposited by Movie Time Cineplex Private Limited (in short 'Movie Time') for the period spanning between 12.11.2015 and 30.6.2017, amounting to Rs.25,42,265/-, will be released by the Registry alongwith accrued interest, if any, in favour of the Decree Holders.

(iii) Movie Time will issue the withholding tax certificate in favour of the Decree Holders.

(iv) For the period commencing from 1.7.2017 and ending on 11.11.2017, Movie Time will pay the Decree Holders' lease rent share at the rate of 16 % of the revenue earned by it.

(v) For the period spanning between 12.11.2017 till date (i.e. 02.11.2018) Movie Time will pay lease rent to the Decree Holders at the rate of Rs.36 per sq. ft. per month qua the area in the occupation of Movie Time.

(vi) The Decree Holders and the representatives of Movie Time will have the area measured. The measurement will be done within two weeks from the date of receipt of a copy of the order.

(vii) This payment will be made within two weeks of the measurement of the area under its occupation being carried out.

(viii) Movie Time will thereafter pay lease rent to the Decree Holders at the rate set forth above [i.e. para 2 (v)] for the area under its occupation.

(ix) Movie Time will continue to make payment at the rate of Rs.36 sq. ft. per month for the area under occupation till 11.11.2021.

(x) In case Movie Time were to vacate the premises at an earlier date, quite obviously the payment of rent would have to be made till that date.

2. At this stage, Mr. Gupta says that there are certain concerns with regard to the manner in which the cinema complex is being run and it is the learned counsel's submission that the Decree Holders do not wish to fall foul of the prevailing municipal laws, other statues, rules and regulations.

3. To my mind, these are concerns that the Decree Holders should take up with the concerned authorities for seeking appropriate reliefs in that behalf.

3.1 Needless to say, the Decree Holders will have the liberty with regard to the same, albeit, in accordance with law.

4. I must indicate that Mr. Ramesh Singh has conveyed to the Court that despite the fact that Movie Time has stated in his affidavit that the area under its occupation is 14722.84 sq. ft., actual area as noted in the Settlement Agreement dated 15.7.2014, in occupation of Movie Time is only 12030 sq. ft.

4.1 However, as indicated hereinabove, the actual area under occupation will be measured and Movie Time will pay the lease rent to the Decree Holders at Rs.36 per sq. ft. per month upon such an exercise being completed.

5. At this stage, Mr. Singh says that an area admeasuring 2692.84 per sq. ft. is under the lock and key of the judgment debtor. It is stated by the learned counsel that the keys qua the said area are available with him and that he has instructions to handover the same to Mr. Gupta. Mr. Gupta says that he is willing to accept the keys, which Mr. Singh proposes to handover, albeit, without prejudice to the rights and contentions of the Decree Holders. 5.1 Accordingly, the record will show that the key(s) in respect of the aforestated area have been handed over to the learned counsel for the Decree Holders in the Court today.

6. The petition is disposed of in the aforesaid terms.

7. All pending applications shall also stand closed.

RAJIV SHAKDHER, J NOVEMBER 02, 2018/rb