TIHSA INDUSTRIES LIMITED Vs. AVG COMPUTERS LIMITED

JUDGEMENT

(1.) The plaintiff/applicant is seeking interim injunction restraining defendants from dispossessing him from the suit premises i.e. portion comprising of reception cell at ground floor, entire first floor, second floor and third floor of property bearing No. H-66, New Delhi South Extension Part-1 as he claims that he is in occupation in independent capacity as a tenant.

(2.) The broad admitted facts are that the defendant No. 1 took the premises of defendant No. 2 on lease by way of registered lease deed dated 1st May, 2000 on a monthly rent of Rs. 45,000/-. However, the plaintiff and defendant No. 1 decided to enter a joint venture collaboration agreement for the purpose of carrying on computer centre for education. The said collaboration agreement did not work well and the parties fell apart. Consequently agreement was cancelled by agreement dated 17th July, 2000.

(3.) The plaintiff has staked its claim of having been accepted and admitted by defendant No. 2 as an independent tenant, firstly on the ground that it was clearly stated in the joint venture collaboration agreement that the said joint venture company would operate its registered office and computer centre from the suit premises; secondly that it was in the knowledge of defendant No. 2 that plaintiff company in collaboration with defendant No. 1 had been carrying on the business so much so, defendant No. 2 even consented for installation of telephone in the premises in the name of the plaintiff company. The telephone bills are also in the name of the plaintiff company.