NDMC Vs. ALPHA BHOJ PVT. LTD

JUDGEMENT

(1.) This appeal is directed against the judgment dated 09.07.2012 whereby the suit filed by Alpha Bhoj Pvt. Ltd. (Plaintiff in CS(OS) No.3129/1996) was decreed for a sum of Rs.20 lacs alongwith pendente lite and future interest (simple) @ 9% per annum till realisation.

(2.) The facts giving rise to filing of this appeal can be summarized as under :-

(3.) The pleas taken by the Appellant in the written statement were that the premises at underground Palika Parking, Connaught Place was to be allotted on licence on 'as is where is' basis. In all eleven tenders were received and the Respondent quoted the second highest rate of lience fee at Rs.10 lacs per month. On failure of the highest tenderer to complete the formalities, offer was given to the Respondent/plaintiff vide communication dated 30.07.1996. It is further the case of the Appellant in the written statement that on failure of the Respondent to comply with the conditions, the offer made to the Respondent was cancelled and at the time of filing the written statement (filed in May, 1997), fresh tenders had been invited and were under the process of approval. The receipt of letter dated 26.08.1996 and deposit of Rs.20 lacs by the Respondent, though admitted, was pleaded to be accepted with a belief that the plaintiff will also complete all other requisite formalities. However, in the entire written statement, no communication addressed to the Respondent in response to his communication was pleaded. Despite the assurance given by the Respondent to complete the formalities, needful was not done thereby causing loss to Appellant. The licencor i.e. the Appellant had the right to forfeit the amount towards licence fee as well as the earnest money deposited alongwith the tender due to the default committed by the Respondent as Appellant suffered loss by keeping the premises unoccupied for two months.