ASHA DASS Vs. PRIME ROAD SOLUTIONS PVT LTD

JUDGEMENT

(1.) I.A. 4893/2020 (under Order XXXIX Rule 10 CPC r/w Order XV-A Rule 1 CPC-by plaintiffs)

(2.) Learned counsel for the plaintiffs submits that after the present suit was filed, the possession of the premises was handed over on 31st May, 2018 and that arrears of rent started from 1st April, 2017. Further, legal notice was issued to the defendant No. 1 on 15th/16th May, 2017, terminating the tenancy with effect from 31st May, 2017. It is thus claimed that the defendant No. 1 owes arrears of rent for the months of April and May, 2017 amounting to Rs. 10 lakhs plus damages/mesne profits for a period of 12 months from 1st June, 2017 to 31st May, 2018 amounting to Rs. 60 lakhs. The arrears of TDS from 1st July, 2015 to 31st March, 2017 i.e. Rs. 10,50,000/- have since been deposited by the defendant No. 1, however, the service tax due amounting to Rs. 10,15,000/- from 1st April, 2016 to 31st May, 2017 is pending. The defendant No. 1 had deposited a security for a sum of Rs. 25 lakhs and further paid a sum of Rs. 13,50,000/- when the plaintiffs filed complaint under Section 138 Negotiable Instruments Act. It is thus claimed that out of the total amount due of Rs. 80,15,000/-, the balance amount due towards the defendants was Rs. 41,65,000/- with interest thereon.

(3.) Case of the defendants in the written statement is that from 17th October, 2017 to 18th March, 2018, the electricity to the suit premises was got disconnected at the instance of the plaintiffs and hence, the defendant No. 1 is not liable to pay the rent for the said period because defendant No. 1 could not utilize the premises. Hence the defendants are liable to pay no amount in view of the dues having been adjusted from the security deposit and the additional sum of Rs. 13,50,000/- paid. Further, defendant No.1 has filed a counter claim which is pending adjudication.