Delhi High Court - Orders
Knowledge Podium Systems Pvt. Ltd vs S.M. Professional Services Pvt. Ltd on 14 September, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 377/2020
I.A. 8066/2020 (under Order XXXIX Rule 1 and 2 CPC)
KNOWLEDGE PODIUM SYSTEMS PVT. LTD. ..... Plaintiff
Represented by: Mr. Nimay Dave, Vikram B.
Trivedi, Sunil Tilokchandani, Priya
Diwadkar and Nagarkatti Kartik
Uday, Advocates.
versus
S.M. PROFESSIONAL SERVICES PVT. LTD. .... Defendant
Represented by: Mr.Ajay Gulati, Advocate.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 14.09.2020 The hearing has been conducted through Video Conferencing.
1. Plaint be registered as a suit.
2. Issue summons in the suit and notice in the application.
3. Learned counsel for the defendant enters appearance along with Mr.Mukul Aggarwal, Director of defendant, in person through video conferencing. He accepts summons in the suit and notice in the application.
4. Present suit has been filed by the plaintiff seeking recovery of a sum of ₹2,58,24,648/- being the refund, which was deposited with the defendant as interest from refundable security deposited, together with interest @15% from the date of filing of the suit till realisation, mandatory injunction directing the defendant to hand over the movables of the plaintiffs to the plaintiff as also damages, cost etc. Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 377/2020 Page 1 of 3 Signing Date:14.09.2020 22:37:03 This file is digitally signed by PS to HMJ Mukta Gupta
5. Case of the plaintiff is that the plaintiff and defendant entered into a Lease Deed dated 21st February, 2017 for office premises, that is, first floor and the second floor of the property 21-IT Park, Sahastradhara Road, Dehradoon, Uttarakhand admeasuring 39,614 sq.ft., super built up area along with 22 car parking slots for a period of nine years, w.e.f. 1 st January, 2017 on the terms and conditions mentioned between the parties. The lock in period between the parties was till 31st December, 2022. The plaintiff deposited with the defendant an interest free refundable deposit of ₹1,90,14,720/- being 12 months' rental under the Lease Deed, ₹1,04,58,096 being 12 months monthly fit out charges and ₹57,04,416/- being annual maintenance. Subsequently, a fresh agreement was arrived at between the parties w.e.f. April, 2018, terms whereof have been mentioned in the various emails exchanged between the parties.
6. Case of the plaintiff is that by virtue of fresh agreement, terms whereof were agreed through email dated 26th September, 2018 and 15th October, 2018, the Lease Deed and the Maintenance Agreement dated 21st February, 2017 stood novated.
7. Learned counsel for the defendant submits that in the Lease Deed, clause -9.1 between the parties provided for conciliation of the disputes and in case conciliation could not be arrived at within 30 days, the disputes were to be referred to arbitration. Learned counsel for the defendant also states that the defendant has filed a petition under Section 11 of the Arbitration and Conciliation Act in which notice has been issued to the plaintiff.
8. Present suit had however, been instituted by the plaintiff in March, 2020 and was not listed due to lock down.
9. Since the claim of the plaintiff at this stage is that clause 9.1 of the Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 377/2020 Page 2 of 3 Signing Date:14.09.2020 22:37:03 This file is digitally signed by PS to HMJ Mukta Gupta lease deed is not applicable as the Lease Deed stood novated, to decide the issues, pleadings of both the parties would be required.
10. Consequently, written statement to the suit and reply affidavit to the application along with the affidavit of admission/denial be filed within 30 days.
11. Replication and rejoinder affidavit be filed within three weeks thereafter along with affidavit of admission/denial.
12. Learned counsel for the plaintiff submits that the movable assets of the plaintiff as mentioned at page-107 are still lying in the premises which fact is denied by learned counsel for the defendant.
13. Be that as it may, without going into the controversy, the defendant will ensure that no third party rights are created or the assets claimed by the plaintiff, if any, in possession of the defendant, are wasted, alienated or parted with till the next date of hearing.
14. List the suit and the application on 23rd November, 2020.
15. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
SEPTEMBER 14, 2020 'vn' Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 377/2020 Page 3 of 3 Signing Date:14.09.2020 22:37:03 This file is digitally signed by PS to HMJ Mukta Gupta