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23, 26 & 27 HIGH COURT OF DELHI
CS(OS) 2654/2014
. VISHNU KHANNA&ANR Plaintiff
Through: Mr. Manish Aggrawa, Advocate with Mr. Rajender Rawat, Advocate.
CS(OS) 2654/2014
. VISHNU KHANNA&ANR Plaintiff
Through: Mr. Manish Aggrawa, Advocate with Mr. Rajender Rawat, Advocate.
VERSUS
M/S MIRAGE ENTERTAINMENT & ORS Defendants
Through: None.
Through: None.
WITH
CS(OS) 3067/2014 AND 19591/2914
SURINDER MADAN Plaintiff
Through: Mr. Praveen Sehrawat, Advocate.
SURINDER MADAN Plaintiff
Through: Mr. Praveen Sehrawat, Advocate.
VERSUS
MIRAGE ENTERTAINMENT & ANR. Defendants And
CS(OS) 3619/2014
M/S HIGRO PROPERTIES PVT LTD Plaintiff
Through: Mr. Sandeep P. Agarwal, Advocate with
Mr. Rajesh Pathak, Advocate.
M/S HIGRO PROPERTIES PVT LTD Plaintiff
Through: Mr. Sandeep P. Agarwal, Advocate with
Mr. Rajesh Pathak, Advocate.
VERSUS
M/S MIRAGE ENTERTAINMENT (ICE LOUNGE) Defendant
2015:DHC:11883
2015:DHC:11883
CORAM;
HON'BLE MR. JUSTICE MANMOHAN
09.03.2015 Present suits have been filed for possession, arrears of rent, damages, mesne profits and injunction.
Plaintiffs are landlords, who had leased out their shops on the first floor of Metropolitan Mall, DistrictCentre, Saket, New Delhi-11 GO17to the defendants.
Admitted rent has not been paid to the plaintiffs and even the post dated cheques given in advance for rent have bounced on account of
'insufficient funds'. No written statement has been filed by the defendants despite service of summons and notices. Today also none is present for the defendants.
Since the time period for filing the written statements has already expired and the Joint Registrar has closed the right of the defendants to file written statement, this Court presumes all the averments in the plaints to be true and correct.
At this stage, learned counsel for plaintiffs state that they confine their prayers for damages and mesne profits to the admitted amount of rent that was last paid by the defendants.
Consequently, the suits are decreed in accordance with the prayer clause in the suits except to the extent that damages and mesne profits shall be payable for the period post-termination of the tenancies on the last paid/admitted rent till the date of actual handing over of the vacant and peaceful possession oftheshops tothe plaintiffs.
Jo Plaintiffs in each case shall be entitled to costs of Rs.25,000/- as well as simple interest @ 8% per annum.
MARCH 09, 2015 js i MANMOHSN, J
09.03.2015 Present suits have been filed for possession, arrears of rent, damages, mesne profits and injunction.
Plaintiffs are landlords, who had leased out their shops on the first floor of Metropolitan Mall, DistrictCentre, Saket, New Delhi-11 GO17to the defendants.
Admitted rent has not been paid to the plaintiffs and even the post dated cheques given in advance for rent have bounced on account of
'insufficient funds'. No written statement has been filed by the defendants despite service of summons and notices. Today also none is present for the defendants.
Since the time period for filing the written statements has already expired and the Joint Registrar has closed the right of the defendants to file written statement, this Court presumes all the averments in the plaints to be true and correct.
At this stage, learned counsel for plaintiffs state that they confine their prayers for damages and mesne profits to the admitted amount of rent that was last paid by the defendants.
Consequently, the suits are decreed in accordance with the prayer clause in the suits except to the extent that damages and mesne profits shall be payable for the period post-termination of the tenancies on the last paid/admitted rent till the date of actual handing over of the vacant and peaceful possession oftheshops tothe plaintiffs.
Jo Plaintiffs in each case shall be entitled to costs of Rs.25,000/- as well as simple interest @ 8% per annum.
MARCH 09, 2015 js i MANMOHSN, J
JUDGMENT