JAGMOHAN BEHL Vs. STATE BANK OF INDORE

JUDGEMENT

(1.) This intra-Court appeal raises an interesting issue on interpretation of Section 2 (1) (c) (vii) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act, for short).

(2.) Facts in brief relevant for the present controversy may be noted. The appellant, Jagmohan Behl, has instituted CS (OS) No. 2008/2010 against the tenant, State Bank of Indore, who is respondent before us. For the sake of convenience, the appellant has been described as the "plaintiff" and the respondent has been described as the "defendant" in the present order and judgment.

(3.) The aforesaid suit pertains to recovery of mesne profits of Rs. 1.08 crores for the period between 1st September, 2007 till 30th August, 2010 along with interest from the defendant in respect of property No.M-46, Connaught Circus, New Delhi (hereinafter referred to as "the property"). The said property was given on lease to the defendant in the year 1986 for a period of five year on a monthly rent of Rs. 40,000/- with renewal clause for two further terms with enhancement of rent by 15%. The defendant bank had also sanctioned a loan of Rs. 24 lakhs with interest @ 17.5% per annum to the plaintiff which was agreed to be paid by way of adjustment against the rent.