Abhinav Jain & Anr. v. J.V. Restaurant Pvt. Ltd.

1. This application is filed under Order 12 Rule 6 CPC seeking a decree of Rs.3,15,47,547/- based on admissions.

2. The plaintiffs have filed the present suit seeking a decree of possession and recovery of arrears of rents against the defendant for the suit premises being Nos.N-63/64 and 64B, First Floor, Connaught Circus, New Delhi, measuring 7920 sq. ft. (hereinafter referred to as “the suit 2019:DHC:1349 property”).

3. A perusal of the plaint shows that the plaintiffs are lessees under Sh. Anil Kumar Jain vide registered lease deed dated 01.11.2006 for the suit property. The said lease was extended for another 7 years vide registered Extension lease deed dated 05.07.2013.

4. The directors (i.e. Sh. Yash Pal Ashok, Sh. Vijay Kumar, Sh. Rajeev Dass and Sh. Rajesh Subramaniam) of the defendant company approached the plaintiffs for the sub-lease of the suit property for opening a restaurant and bar. The same was executed vide Sub-lease deed dated 08.07.2013 for a period of 12 years. The rent agreed upon was Rs.15.25 lakhs per months. For the fourth year of the sub-lease, the rent was increased upto Rs.18.25 lakhs. For the fifth year, the rent was increased upto Rs.19.25 lakhs.

5. The parties also entered into a Maintenance Agreement dated 04.07.2013 with respect to the services of common areas, equipments and machinery, house-keeping and guarding. It is stated in the plaint that the possession of the suit property was handed over to the defendant on 08.07.2013.

6. It is the case of the plaintiffs that the defendant failed to pay the agreed sub-lease rent for the several months in 2016 and 2017 despite various reminders.

7. Legal Notices were issued by the plaintiffs dated 21.03.2016, 26.12.2016 and 25.03.2017 demanding the rent with interest. The defendant after service of the notices partly paid the rent to the plaintiffs. The defendant again defaulted to which the plaintiffs issued another legal notice dated 15.04.2017 whereby the plaintiffs terminated the sub-lease deed and called the defendant to vacate the suit property and clear the outstanding dues along with interest and other charges to the plaintiffs. Thereafter the defendant neither cleared the outstanding dues nor vacated the suit property.

8. Hence, this present suit is filed.

9. This court on 12.11.2018 has already passed a decree of possession in favour of the plaintiffs and against the defendant for the suit properties. The other reliefs were not heard on that date.

10. It may also be noted that the defendant in this present suit was proceeded ex-parte by the order of this court dated 14.11.2018. Arguments have been heard and all necessary documents have been examined.

11. The learned counsel for the plaintiffs pleads that in the proceedings before NCLT the defendant has acknowledged that they owes an outstanding Rs.3,15,47,547/- to the plaintiffs. It is prayed that rent has not been paid @ Rs.18.25 lakhs per month from May, 2017 and accordingly based on the admission before NCLT, this court may pass a decree in favour of the plaintiffs under Order 12 Rule 6.

12. The learned counsel for the plaintiffs further pleads that the plaintiffs are also entitled to maintenance charges of the suit property from the defendant as per the maintenance agreement dated 04.07.2013 from May,

2017.

13. A perusal of the plaint and documents on record shows that there is a relationship of sub-lessor and sub-lessee between the parties vide the sublease deed dated 08.07.2013. It is also the case of the plaintiffs that the defendant has not paid the rent/mesne profits since May, 2017 and not even paid repair and maintenance charges as per the Maintenance Agreement duly executed between the parties. It is further to note that the defendant have also defaulted in payment of electricity and water dues.

14. Taking into account the aforenoted facts and admission of the defendant in NCLT, in my opinion, there is sufficient ground to pass a decree in favour of the plaintiffs based on the admission stated in NCLT as well as the relief sought in the plaint. There is no impediment in passing a decree in favour of the plaintiffs and against the defendant for the unpaid rent/mesne profits, maintenance/ repair charges, to the plaintiffs, from May, 2017 till delivery of possession. As per chart filed by the plaintiff they have claimed a sum of Rs.3,18,22,460/- as outstanding dues for unpaid rentals/mesne profit/repair & maintenance charges. There is an admission from the debt of Rs 3,15,47,547/-. Application is allowed.