SURE WAVES MEDIA TECH PRIVATE LIMITED Vs. FATHIRAJ

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment and decree dtd. 17/2/2025 [impugned order] passed in Com.OS.No.668/2021 by the LXXXVII Additional City Civil and Sessions Judge, Bengaluru [Commercial Court] captioned 'Sure Waves Media Tech Pvt. Ltd. v. Mr. Fathiraj and another.

(2.) The appellant [the lessee] filed the aforementioned suit, inter alia, praying for a decree declaring that the leave and licence agreement dtd. 21/10/2019 [the lease agreement] was cancelled and terminated with effect from 1/7/2020 or, alternatively, on 26/2/2021. The appellant also sought a decree for the recovery of Rs.12,86,941.00 (Rupees Twelve Lakhs Eighty Six Thousand Nine Hundred and Forty One only) as a refund of rent and security deposit. Additionally, the appellant claimed damages amounting to Rs.45,00,000.00 (Rupees Forty Five Lakhs only) as compensation for loss of data, financial losses and computer services rendered unusable from 25/6/2020 to 24/9/2021. The appellant also requested interest on these amounts.

(3.) The original Defendant No.1, Sri B. Fathiraj, passed away during the pendency of the suit and was represented by his legal representative, Ms Kala (wife of the deceased), who was brought on record as Defendant No.1(a). Ms Kala is also arrayed as Defendant No.2 in her individual capacity.