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Texmaco Infrastructure & Holdings Ltd vs Rajesh Kumar Dudani on 23 January, 2023

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~8
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CS(OS) 433/2017

                                 TEXMACO INFRASTRUCTURE
                                 & HOLDINGS LTD.                           ..... Plaintiff
                                              Through: Ms. Deboleena, Advocate with Mr.
                                                       Sanjay Pattwa, AR (Mobile No.
                                                       9958211050).

                                                                versus

                                 RAJESH KUMAR DUDANI                                          ..... Defendant
                                             Through:                 Defendant in person.

                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                                 ORDER

% 23.01.2023 I.A. 4710/2019 in CS(OS) 433/2017

1. This application has been filed by the defendant in a disposed of suit filed by the plaintiff.

2. The suit was filed for the following reliefs:-

"(a) Pass a decree of possession of the suit property bearing Kothi No. 2, Ground Floor, (Right Side Portion), Biria Mill Officers Compound, Mandelia Road, Kamla Nagar, Delhi- 110007, in favor of the Plaintiff Company and against the Defendant;

(b) Direct the Defendant and/or any other person found in possession with him to handover actual, physical and vacant possession of the suit property to the Plaintiff Company;

(c) Pass a decree for recovery of Rs.2,00,000/-. (Rupees Two Lakh Only) in favour of the Plaintiff towards use and occupation charge @ Rs.50,000/- per month from 30.04.2017 till 31.08.2017 along with interest at 18% p.a;

(d) Pass a decree for the recovery of an amount of Rs.50,000/- (Rupees Fifty Thousand Only) per month for use & occupation charges from 01.09.2017 till such time the Defendant hands over the vacant and peaceful possession to the Plaintiff Company;

(e) Hold the Defendant liable for payment of all costs, dues and/or charges against the suit property to the Plaintiff until such time he hands over the vacant and peaceful possession of the property;

(f) Grant pendent lite and future interest at 18% p.a. on amounts recoverable from the Defendant;

(g) Award the cost of the suit in favor of Plaintiff Company and against the Defendant;

(h) pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice."

3. By a judgment dated 13.02.2018, the suit was disposed of with the following observations:-

"13.(i) The aforesaid discussion shows that the defendant is a legally well-versed person. Defendant wants to cross all limits of dishonesty because the defendant wants to most illegally and dishonestly continue in possession of the suit premises although the defendant has no legal right to the same. Defendant being a legal person has endeavoured his best to create legal and factual defences as per the written statement, however surely law is that much substantive that a dishonest defendant should not be allowed to succeed on illegal grounds, and therefore, it is ordered that this application is allowed. Decree is passed in favour of the plaintiff and against the defendant with respect to the suit property being Kothi No.2, Ground Floor (Right Side Portion), Birla Mills Officers Compound, Mandelia Road, Kamla Nagar, Delhi- 110007 and as shown in the site plan filed at Serial no.2 of the list of documents.

(ii) Considering the dishonest and frivolous defences raised by the defendant, who is not a layman but a legal person, this application is allowed with costs of Rs.2 lacs in favour of the plaintiff and against the defendant.

(iii) Further, this Court also exercises its powers under Section 340 Cr.P.C and directs the Registrar General of this Court to file a criminal complaint against the defendant under Section 209 of the IPC for filing false defences i.e a false case. After drawing of the criminal complaint Registry will sent the criminal complaint to the competent court and thereafter plaintiff can pursue such criminal case as against the defendant.

14. At this stage, the matter is sought to be got passed over for the defendant to take instructions from his wife. After sometime, the matter has been called again and defendant states that the aforesaid judgment be not passed and the application under Order XII Rule 6 CPC can be allowed and the defendant agrees to vacate the suit premises along with his family members on or before 31.12.2018. It is also agreed that defendant till he occupies the suit premises will pay all charges towards electricity, water etc. It is also agreed that plaintiff does not claim any money decree against the defendant, but however in case the defendant fails to vacate the suit premises by 31.12.2018 or does not file an affidavit of undertaking as stated below, then the defendant will be liable to pay charges for use and occupation at Rs.30,000/- per month w.e.f 1.1.2018 and till the time vacant physical possession is given to the plaintiff of the suit premises.

15. Let the defendant and his wife Smt. Poonam Dudani file affidavits of undertaking in this Court within one week in terms of the present order. On filing the undertaking and complying with the terms of the same, time is granted to the defendant and his family members to stay in the suit premises till 31.12.2018. It is clarified that in case possession of the suit premises is not given to the plaintiff on or before 31.12.2018 then besides entitlement of the plaintiff to take possession, plaintiff will also be entitled to money decree with mesne profits being Rs.30,000/- per month w.e.f. 1.1.2018. In case such a money decree has to be executed plaintiff will pay appropriate court fee.

16. Suit is accordingly disposed of in terms of the aforesaid compromise order. All pending applications also stand disposed of."

4. The defendant has, thereafter, filed the present application for the following reliefs:-

"It is therefore, prayed in the Plaintiff-company may be directed to pay a sum of Rs.49,051/- alongwith entire amount of retirement benefits etc. to the Applicant / Defendant, in the interest of justice. Such other and further order(s) as are deemed fit may also be passed in favour of the Defendant."

5. It is the contention of the defendant that he handed over possession of the suit property to the plaintiff on 28.12.2018 in terms of the aforesaid judgment. However, he claims that the plaintiff has not paid his terminal benefits and electricity charges for which purpose the present application has been filed.

6. After some hearing, Mr. Rajesh Kumar Dudani, the defendant- applicant, who is himself a lawyer, states that he wishes to withdraw this application with liberty to take appropriate proceedings for recovery of the amounts.

7. Application is dismissed as withdrawn with liberty, as aforesaid.

PRATEEK JALAN, J JANUARY 23, 2023 'vp'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL CS(OS) 433/2017 Page 4 of 4 Signing Date:24.01.2023 14:34:33