SAI INVESTMENTS Vs. BHARTI SHIPYARD LIMITED

JUDGEMENT

(1.) Heard Shri J.E. Coelho, Pereira, learned Senior Advocate appearing for the Appellant and Shri E.O. Mendes, learned Counsel appearing for the Respondent.

(2.) The above Appeal challenges the Judgment and Decree dated 28.07.2014 passed in Special Civil Suit No. 4/2013 by learned Senior Civil Judge, Vasco da Gama, whereby the suit filed by the Appellants was partly decreed and the Respondents were directed to pay to the Plaintiffs a sum of Rs. 10,89,000/ - as arrears of payment of rent for the period from May 2012 to July 2012 with interest at the rate of 10% per annum from 31.07.2012 to the date of the payment. The Respondents were also directed to pay to the Appellants a further sum of Rs. 93,678/ - as arrears of rent from 01.08.2012 to 08.08.2012 together with interest at the rate of 10% per annum from 31.08.2012 till the date till the date of payment. The Respondents were also directed to pay the arrears of the electricity charges till the date of the suit together with costs.

(3.) Briefly, the facts of the case as stated by the Appellants are that the Appellants who are the original Plaintiffs filed the suit against the Respondents who are the original Defendants, inter alia, seeking the aforesaid reliefs granted by learned Trial Judge besides a further sum of Rs. 7,50,000/ - as mesne profits and also for a relief to direct the Respondents to vacate the suit shed, and also that the Respondents be directed to pay a sum of Rs. 7,50,000/ - as mesne profits for the period from 09.08.2012 to 08.09.2012 with interest at the rate of 18% per annum from 09.08.2012 till payment and realisation and a sum a Rs. 30,000/ - per day from 09.09.2012 till the Respondents vacate and surrender the suit shed with interest at the rate of of 18% per annum from 09.09.2012 till the same is paid and further to refund a sum of Rs. 1,38,600/ - towards TDS as well as electricity charges. It is the contention of the Appellants that in Sancoale Industrial Estate Development Corporation, there are different plots which include plots bearing No. 105 admeasuring an area of 1000 square metres, plots bearing Nos. 106, 107, 113 and 1158 taken together admeasuring 4000 square metres, plot bearing No. 113 admeasuring 1000 square metres which are collectively known as Leasehold plots wherein there is a shed admeasuring 840 square metres on the plot bearing Nos. 106, 107, 114 and 115, D1 -4 measuring 1000 square metres on plot No. 113 and D -1 -5 admeasuring 436 square metres on plot No. 105 which sheds are referred to as the suit sheds. It is further their case that M/s. Varama Handling Agencies were Lessees of the said Leasehold plots and owners of the suit shed who had leased them to the Respondents. It is further their case that upon execution of the Lease Deed, the said M/s. Varama Handling Agencies and the Goa Industrial Development Corporation, transferred the said plots in the Leasehold plots along with the ownership rights in the suit sheds in favour of the Appellants herein. It is further their case that the Appellants having acquired the rights in respect of the said Leasehold plots and the ownership of the suit sheds, executed a Lease Deed dated 13.10.2011. extending the Lease of the Respondents in respect of the said Leasehold plots and the suit shed for a period from 01.09.2011 upto February 2012 on a monthly rent of Rs. 3,30,000/ - with an obligation to deposit Rs. 9,90,000/ - by way of security deposit and one monthly advance rent of Rs. 3,30,000/ -. It is further their case that the Respondents committed a breach of the said Lease Deed in the first month itself and continued the breach to the date of the filing of the suit. It is also their case that the Respondents did not pay or deposit with the Appellants the compulsory security deposit of Rs. 9,90,000/ - as was required to in terms of the stipulation of the Lease Deed dated 13.10.2011. Thereafter, by a legal notice dated 18.07.2012, the Respondents were called upon to vacate and handover the possession of the suit shed along with fixtures and fittings within a period of eight days from the date of receipt of the said notice. The Respondents were also called upon to pay the unpaid monthly rent of Rs. 3,63,000/ - for the months of April, May and June, 2012 proportionate to the number of days the suit sheds were occupied by the Respondents. It was also stated in the notice that in case the Respondents default in paying the rent and continued the possession, such possession would be unauthorised and in which case the Respondents would be liable to pay Rs. 25,000/ - per day for unauthorised occupation of the suit shed. It is further their case that on being served with the summons issued by the learned Trial Court, the Respondents filed their written statements, inter alia, admitting the execution of the said Lease Deed. It is further their case that all the bills were settled in accordance with the bills raised by the Appellants from time to time and that in terms of the contract, the Appellants were not seeking for specific performance of the contract nor sought to make good the Contract. It is also their case that the Respondents could not process the payment of the rents due in the absence of the bills from the Appellants which was mandatory by law. It is further the contention of the Appellants that by an application dated 24.12.2012 filed under Order XV -A, Rule 1 of C.P.C., the Appellants, inter alia, prayed that during the pendency of the suit, the Respondents be directed to deposit a sum of Rs. 22,95,678/ - and continue to deposit a sum of Rs. 9,00,000/ - per month. It is further their case that the learned Judge by Order dated 04.05.2013,, directed the Respondents to deposit the arrears to the tune of Rs. 41,10,678/ - as on May, 2013 and the rent to the tune of Rs. 3,99,300/ - per month for the succeeding period. As the Respondents defaulted in the payment of the said amount, the Appellants filed an application to strike off the defence of the Respondents and by Order dated 11.02.2014, the defence of the Respondents was struck off.