(1.) The dispute between the Plaintiff (Appellant herein) and the Defendant (Respondent herein), pivots around the allegation of the Appellant that the Respondent, despite being in possession of a godown owned by her at Majitar, Rangpo, had failed to pay the licence fees of ? 45,000/- (Rupees forty five thousand only), per month, owed to her from January, 2017 to July, 2018. The total amount was computed as ? 8,55,000/- (Rupees eight lakhs and fifty five thousand only), with pendente lite and future interest @ 12% per annum. Money Suit No.278 of 2018 (Smt. Januki Pradhan vs. Zuventus Healthcare Limited) was thus filed before the Learned Judge, Commercial Court, Gangtok, by the Appellant for arrears of licence fees and consequential reliefs.
(2.) The Learned Trial Court settled the following four issues for determination; Smt. Januki Pradhan vs. Zuventus Healthcare Limited 2 (1) Whether the defendant is liable to pay to the plaintiff monthly licence fee of ? 45,000 per month from January 2017 till date for occupying the said premises?
(3.) On the anvil of the findings of the foregoing issues it was ordered that the Respondent had to pay to the Appellant a sum of ? 3,60,000/- (Rupees three lakhs and sixty thousand only), from January, 2017 to August, 2017, with interest @ 12% for the same period.