SMITA CONDUCTORS LTD Vs. PRABHUDAS LILADHAR PVT LTD

JUDGEMENT

(1.) THE suit is filed to recover from Defendant No. 1 a sum of Rs. 28,45,027/- together with further interest at 15% p. a. on the principal sum of Rs. 19,67,105/- from 15. 3. 2004 to the filing of the suit and thereafter at 18% p. a. till payment. Defendant No. 2 is only a formal party for the reasons referred to later.

(2.) THERE is absolutely no dispute as to the liability of Defendant No. 1 to pay the amount claimed in the suit. Nor is there any dispute as to the amount claimed. Apart from questioning the jurisdiction of this Court, the only defence on merits is that the time or occasion for Defendant No. 1 to pay the amount has not arrived. The Plaintiff is a member of Defendant No. 2, Raheja Center premises Co-operative Society Limited. The Plaintiff owns three units being unit Nos. 701, 702 and 703 admeasuring 3600 sq. ft. in aggregate in the building, Raheja Center.

(3.) THE Licensee shall pay to the Licensor maintenance charges, non-occupation charges and municipal taxes from the society bills but will not be liable to pay any amount towards the sinking fund, repair fund or major repair fund or any charges which are not attributable to the occupation of the premises by the Licensee. The licensee shall also pay any increase in maintenance charges or municipal taxes if the same are increased due to the reason or as a result of the licence hereby granted for the period of their occupation only. (emphasis supplied)