SPAZECLUB PVT. LTD. Vs. VENUS COTSPIN PVT. LTD.

JUDGEMENT

(1.) The instant revision petition, preferred under Article 227 of the Constitution of India, assails the order dtd. 7/12/2024 (Annexure P.22) passed by the Commercial Court, Gurugram (hereinafter referred to as 'the Commercial Court'), vide which an application preferred by the respondent-plaintiffs under Order 15 Rule 5 of the Code of Civil Procedure (for short 'the CPC') was disposed of with a direction to the petitioner- defendants to pay a sum of Rs.1,43,21,475.00 within a period of one month. Challenge has also been laid to order dtd. 15/1/2025 (Annexure P.23), vide which the defence of the petitioner-defendants was struck off.

(2.) The facts, as emanating from the revision petition, are that respondent No.1-M/s Venus Cotspin Pvt. Ltd., is the owner of property bearing plot No. 530, Udyog Vihar Phase-V, Gurugram (hereinafter referred to as 'the suit property'). Respondent No.1 is stated to have raised construction over the suit property consisting of a basement and four floors (ground, first, second and third floors) apart from machine(s) room etc. A lease deed dtd. 7/3/2018 (Annexure P.2) was executed between the respondent-plaintiffs and the petitioner-defendants vide which the suit property was leased out to the petitioner- defendants for a period of five years i.e., from 7/3/2018 to 6/3/2023. The lease amount was fixed at Rs.8,50,000.00 per month and the payment of lease money was to commence on 1/4/2018.

(3.) An addendum to the lease deed was executed on 11/9/2019 (Annexure P.3) vide which the lease amount was modified to Rs.6,50,000.00 from Rs.8,50,000.00 per month. A rectification deed dtd. 26/12/2019 (Annexure P.4) was also executed giving right to the petitioner-defendants to sublet the demised premises.