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Rajesh Kumar Khanna & Anr vs Suntour Seafood Restaurant Pvt Ltd on 22 September, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~6

                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(COMM) 642/2022

                                RAJESH KUMAR KHANNA & ANR.                               ..... Plaintiffs

                                                    Through:      Mr. Rajesh Bhardwaj, Advocate.

                                                    versus

                                SUNTOUR SEAFOOD RESTAURANT PVT LTD ..... Defendant

                                                    Through:

                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

                          %                         22.09.2022
                          I.A.15559/2022

By way of the present application under Order VI Rule 17 read with Section 151 Code of Civil Procedure, 1908 the plaintiffs seek amendment of para 14 of the plaint to address an objection raised by the Registry as to the valuation of the suit for purposes of pecuniary jurisdiction, valuation of the reliefs and payment of ad- valorem court fee thereon.

2. The suit is still at the pre-summons stage.

3. Considering the nature of the amendments sought, and the stage of the suit, it is not considered necessary to issue notice on this application.

4. The application is accordingly allowed. The amended plaint is taken on record.

5. The Registry is directed to verify compliance as regards office objections consequent to amendment of the plaint.

6. The application stands disposed of.

CS(COMM) 642/2022 & I.A. 15167-15169/2022

7. By way of the present suit, the plaintiffs, who are stated to be the co-

owners of property bearing No.14/48, Malcha Marg Market, New Delhi-110021 comprising a basement floor, ground floor, mezzanine floor and first floor, seek the relief of recovery of possession from the defendant, along with arrears of rent, mesne profits and damages for unauthorized use and occupation, along with interest and other consequential reliefs premised on the termination of the defendant's tenancy created vide lease deed dated 21.04.2016.

8. By way of termination notice dated 19.11.2021 stated to have been issued by the plaintiffs under section 106 of the Transfer of Property Act 1882, the plaintiffs are stated to have terminated the tenancy of the defendant inter-alia by reason of the defendant having defaulted in payment of rent, as detailed in the notice. Learned counsel for the plaintiffs submits that despite service of the notice however, the defendant has failed to vacate and hand-over possession of the subject premises to the plaintiffs; and has also not paid the arrears of rent and mesne profits/damages for unauthorised use and occupation of the subject premises.

9. Upon a prima-facie conspectus of the averments contained in the plaint and the submissions made, let the plaint be registered as a suit

10. Issue summons on the suit, returnable 05th December 2022.

11. Upon the plaintiffs taking requisite steps, let summons be sent to the defendants, by all permissible modes.

12. Let the summons indicate that the defendant is required to file written statement to the plaint within 30 days from the date of receipt of summons, alongwith an affidavit of admission/denial of the documents filed by the plaintiffs. The plaintiff may file replication to the written statement within 30 days thereafter, alongwith an affidavit of admission/denial of the documents filed by the defendant.

13. List before the learned Joint Registrar for completion of pleadings, for admission/denial of documents and for marking of exhibits on 05th December 2022.

14. List before Court on 23rd January 2023.

I.A.15168/2022 (39 Rule 1 & 2 CPC)

15. In view of what is recorded above, issue notice on the application, returnable 05th December 2022.

16. Upon the plaintiffs taking steps, let notice be sent to the defendant, by all permissible modes.

17. Let reply be filed within 30 days; rejoinder thereto, if any, be filed within 30 days thereafter; with copies to the opposing counsel.

18. List before the learned Joint Registrar on 05th December 2022.

19. List before court on 23rd January 2023.

20. In the meantime, the defendant is restrained from creating any third party rights, titles or interests in, or parting with possession of the premises or any part thereof, comprised in property bearing No.14/48, Malcha Marg Market, New Delhi-110021 comprising a basement Signature Not Verified Digitally Signed CS(COMM) 642/2022 Page 3 of 4 By:SUNITA RAWAT Signing Date:27.09.2022 16:22:14 floor, ground floor, mezzanine floor and first floor, till the next date of hearing.

21. Plaintiffs are directed to comply with the provisions of Order 39 Rule 3 of the Code of Civil Procedure, 1908 within 03 days. I.A.15169/2022 (under Order 2 Rule 2 CPC)

22. Issue notice on this application, returnable 05th December 2022.

23. Upon the plaintiffs taking steps, let notice be sent to the defendant, by all permissible modes.

24. Let reply be filed within 30 days; rejoinder thereto, if any, be filed within 30 days thereafter; with copies to the opposing counsel.

25. List before the learned Joint Registrar on 05th December 2022.

26. List before court on 23rd January 2023.

ANUP JAIRAM BHAMBHANI, J SEPTEMBER 22, 2022 ns Signature Not Verified Digitally Signed CS(COMM) 642/2022 Page 4 of 4 By:SUNITA RAWAT Signing Date:27.09.2022 16:22:14