RHEA HEALTHCARE PVT. LTD. Vs. RAJ ALKAA PARK

JUDGEMENT

(1.) Aggrieved by the order passed on I.A.No.3 filed in Commercial O.S.No.390/2019 dtd. 8/4/2022, by the LXXXII Additional City Civil and Sessions Judge, Bengaluru, the plaintiff therein has preferred this writ petition.

(2.) The petitioner for the purposes of establishing a Hospital and to run other allied healthcare services, took on lease a commercial property from the respondent. It is submitted that he took possession of the said property. However, before he could commence business activities, on the ground that there was a title dispute regarding the property which was taken on lease and also for the reason that the respondent did not build the required infrastructure within the agreed time for the petitioner to run its business, the petitioner terminated the contract. Subsequently, the petitioner also demanded that the respondent compensate the petitioner for the loss that he has sustained from the alleged breach of contract by the respondent. For that reason, the petitioner filed Commercial O.S.No.390/2019 before the Commercial Court to recover a sum of Rs.4,07,80,500.00 (Rupees Four Crores Seven Lakhs Eighty Thousand Five Hundred Only) from the respondent along with interest.

(3.) The respondent entered appearance before the Commercial Court, filed its written statement, denied all the allegations made by the petitioner and prayed for dismissal of the suit. In addition to it, the respondent preferred an application under Order XIII-A of the Commercial Courts Act, 2015 with the following prayers: