Delhi High Court - Orders
Ms Himalayan Flora And Aroma Private ... vs Uttar Pradesh Irrigation Department & ... on 16 January, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 589/2021
MS HIMALAYAN FLORA AND AROMA PRIVATE LIMITED
..... Plaintiff
Through: Mr.Anand Mishra, Ms. Vandita Nain,
Ms.Ayushi Rajput and Ms.Palak
Kaushik, Advocates
versus
UTTAR PRADESH IRRIGATION DEPARTMENT & ANR.
..... Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 16.01.2023 I.A. No. 15209/2021 (u/S 80(2) & (3) by the plaintiff) The learned counsel appearing for the plaintiff submits that the present application has become infructuous and the same may be dismissed.
In view thereof, the application is thus dismissed as rendered infructuous.
CS(COMM) 589/2021
1. The plaintiff has filed the present suit for declaration, recovery and permanent injunction against the defendants, inter alia, praying for the following reliefs:
"a. Pass a decree of declaration declaring breach of contract by defendant no. 1 due to its failure to provide hinderance free sites to the plaintiff for erecetion of unipoles and dislay of advertisement in terms of the contracts as mentioned in the plaint hereinabove. b. Pass a decree for recovery of a sum of Rs. Rs. 3,22,87,849 (INR Three crores twenty-two lakhs eighty seven thousand eight hundred and forty Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:17.01.2023 19:12:06 nine only) in favour of the plaintiff and against defendant no. 1 alongwith pendente lite and future interest @ 18%p.a. c. Pass a decree awarding damages for Rs. 51,000/- (INR fifty-one thousand only) with pendente lite and future interest against the defendants jointly and severely and in favour of the plaintiff for the loss and injuries caused to the plaintiff due to inaction and illegal actions by the defendants.
d. Pass a declaratory decree declaring that any coercive action or any disguised coercive action in any form including but not limited to seizure or demand under any head without any justification or authority under law for any sum or amount by defendant no. 2 against the plaintiff, which is related to the MoU between the plaintiff and defendant no. I and its performance be malafide, arbitrary, illegal and without any authority under law;
e. Award cost of the present suit and litigation expenses in favour of plaintiff and against defendant; and f. Pass such other order/sin the interest of justice and in favour of Plaintiff as this Hon'ble Court may deem fit and appropriate in the facts and circumstances of the present case."
2. The present suit is covered under Section 2(c)(vi) of the Commercial Courts Act, 2015. The plaintiff seeks declaration against the defendant No.1 submitting to the effect that the defendant No.1 failed to honour the terms and conditions of the contract between the parties by not providing hindrance free sites for erection of unipoles and display of advertisements for which the plaintiff was making regular payments to the defendant no.1 as per the contract.
3. It is submitted on behalf of the plaintiff that the plaintiff is a private Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:17.01.2023 19:12:06 limited company incorporated under the Companies Act, 1956 having its registered office at D-253, Anand Vihar, Delhi-110092. It is submitted on behalf of the plaintiff that it has signed 9 MoUs with the defendant No1,i.e Uttar Pradesh Irrigation Department, on different occasions for the purpose of advertisement.
4. It is further submitted on behalf of the plaintiff that the defendant No.2 is the Noida Authority constituted and governed under the Industrial Area and Development Act, 1976.
5. The learned counsel appearing for the plaintiff submits that the plaintiff has written several letters to the defendant No.2 seeking permission to install unipoles.
6. The learned counsel appearing for the plaintiff submitted that the defendant No.1 has already allotted the land/certain areas for installation of the unipoles as per the MoUs, however, the officials of the defendant No.2 are interfering in the installation of the unipoles on the land which has already been allotted by the defendant no.1 to the plaintiff.
7. It is further submitted on behalf of the plaintiff that the defendant No.2 has no authority to interfere in the work of the plaintiff. The learned counsel appearing for the plaintiff further submitted that the plaintiff has invested a huge amount for the work allotted under the MoUs signed between the parties and due to above said hindrance, the plaintiff company has suffered huge losses.
8. In view of the above stated facts the instant suit has been filed by the plaintiff. It is further submitted that the Co-ordinate Bench of this Court vide order dated 24th November, 2021 rejected the application bearing I.A. No. 15211/2021 filed under Section 12A of the Commercial Courts Act, Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:17.01.2023 19:12:06 2015 and vide the same order the Co-ordinate Bench had directed the plaintiff to approach the Delhi State Legal Services Authority (DLSA) to initiate the pre-institution mediation proceedings.
9. It is further submitted on behalf of the plaintiff that since the DLSA had no jurisdiction to initiate the mediation proceedings, therefore, the plaintiff approached the Delhi High Court Mediation & Conciliation Centre for pre-mediation proceedings. The plaintiff and the defendant no.1 appeared before the Delhi High Court Mediation & Conciliation Centre but the defendant No.2 did not appear in the said proceedings. It is further submitted that the said factum would be clear on perusal of the mediation report dated 21st April, 2022 which has been filed vide diary No.1329258/22 dated 4th August, 2022 however, the same is not on the record. The learned counsel appearing for the plaintiff has supplied the copy of the said report during the course of the arguments which has been taken on record. The mediation report reads to the effect:
" As per record, communication has been received via mail dated 15.04.2022 from Ld. Counsel for the applicant informing therein that applicant is unable to participate in the pre-institution mediation proceedings only with opposite party no.1 without the participation of opposite party no.2. Further, notice issued to opposite party no.2 at their last known address received back unserved with a report " Item returned addressee moved/No such person in the address". In view thereof, this pre-institution mediation file be treated as non- starter."
10. In view of the same, issue summons of the suit to the defendants on taking steps by the plaintiff within one week permissible through all modes, returnable before the Joint Registrar on 3rd March, 2023.
Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:17.01.2023 19:12:0611. List before the Court on 26th July, 2023.
I.A. No. 15210/2021 (u/O XXXIX Rule 1 and 2 CPC )
1. The present application under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908, has been filed by the plaintiff seeking the following reliefs;
"a. Allow the present application and grant ad-interim ex-parte injunction against the defendant no. 2 and its officers, employees, agents, solicitors, assigns, successors etc., restraining them jointly and severely from taking any coercive action to recover any amount from the applicant/plaintiff till the adjudication of the accompanying suit;
b. Pass such other order/s or direction/s as may be deemed fit and appropriate to this Hon'ble Court in the light of facts and circumstances of the present case."
2. Heard the learned counsel for the plaintiff/applicant.
3. Issue notice of the application to the defendants/non-applicants on taking steps by the plaintiff/ applicant within one week permissible through all modes, returnable before the Joint Registrar on 3rd March, 2023.
4. List before the Court on 26th July, 2023.
CHANDRA DHARI SINGH, J JANUARY 16, 2023 SV/UG Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:17.01.2023 19:12:06