Delhi High Court - Orders
2 Ntt Data Global Delivery Services Pvt. ... vs M/S. Splendor Landbase Ltd on 3 May, 2021
Author: J.R. Midha
Bench: J.R. Midha
$~O-2 to 4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 108/2021 & I.A. 4463/2021 & CRL.M.A.
5893/2021
2 NTT DATA GLOBAL
DELIVERY SERVICES PVT. LTD. ..... Petitioner
Through: Mr. Vikas Tomar, Advocate.
versus
M/S. SPLENDOR LANDBASE LTD ..... Respondent
Through: Ms. Namitha Mathews and Mr. Pulkit
Malhotra, Advocates.
+ O.M.P.(I) (COMM.) 109/2021 & I.A. 4464/2021 & CRL.M.A.
5894/2021
3 NTT DATA GLOBAL
DELIVERY SERVICES PVT. LTD ..... Petitioner
Through: Mr. Vikas Tomar, Advocate.
versus
SPLENDOR LANDBASE LTD ..... Respondent
Through: Ms. Namitha Mathews and Mr. Pulkit
Malhotra, Advocates.
+ O.M.P.(I) (COMM.) 110/2021 & I.A. 4465/2021& CRL.M.A.
5892/2021
4 NTT DATA GLOBAL
DELIVERY SERVICES PVT. LTD ..... Petitioner
Through: Mr. Vikas Tomar, Advocate.
versus
Signature Not Verified
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:11.05.2021
13:01:44
SPLENDOR LANDBASE LTD ..... Respondent
Through: Ms. Namitha Mathews and Mr. Pulkit
Malhotra, Advocates.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
% 03.05.2021
1. The hearing has been conducted through video conference. I.A. 4463/2021 in O.M.P.(I) (COMM.) 108/2021 I.A. 4464/2021 in O.M.P.(I) (COMM.) 109/2021 I.A. 4465/2021 in O.M.P.(I) (COMM.) 110/2021
2. Allowed, subject to just exceptions.
O.M.P.(I) (COMM.) 108/2021, 109/2021 & 110/2021
3. The petitioner has filed these petitions under Section 9 of the Arbitration and Conciliation Act. The petitioner is seeking following prayers in O.M.P.(I) (COMM.) 108/2021:-
"a) Direct the Respondent not to interfere in removal of the goods owned by the Petitioner from the leased premises.
b) Direct the respondent to refund the balance rentals security amount of Rs.5,24,144 /- and Rs.14,58,000/- maintenance security deposit on or before 26.03.2021 at the time of taking possession in the alternate if the respondent fails to refund the security deposit amount before 26.03.2021, permit the Petitioner to deposit the keys of the premises before this Hon'ble Court and further direct the Respondent to pay damages/ rentals etc. if any to be paid to the individual owners, who will suffer due to deposit of keys before this Hon'ble Court."
4. The petitioner is seeking following prayers in O.M.P.(I) (COMM.) 109/2021:-
Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:11.05.2021 13:01:44"a) Direct the Respondent not to interfere in removal of the goods owned by the Petitioner from the leased premises.
b) Direct the respondent to refund the balance amount of Rs.13,93,457/- of maintenance security deposit on or before 26.03.2021 at the time of taking possession In the alternate if the respondent fails to refund the security deposit amount before 26.03.2021, permit the Petitioner to deposit the keys of the premises before this Hon'ble Court and further direct the Respondent to pay damages/ rentals etc. if any to be paid to the individual owners, who will suffer due to deposit of keys before this Hon'ble Court."
5. The petitioner is seeking following prayers in O.M.P.(I) (COMM.) 110/2021:-
"a) Direct the Respondent not to interfere in removal of the goods owned by the Petitioner from the leased premises.
b) Direct the respondent to refund the balance rentals security amount of Rs.18,87,915/- and Rs.1,00,55,184/- maintenance security deposit on or before 26.03.2021 at the time of taking possession In the alternate if the respondent fails to refund the security deposit amount before 26.03.2021, permit the Petitioner to deposit the keys of the premises before this Hon'ble Court and further direct the Respondent to pay damages/ rentals etc. if any to be paid to the individual owners, who will suffer due to deposit of keys before this Hon'ble Court."
6. The petitioner had taken 2nd, 4th, 5th, 6th and 7th floors of the Commercial Complex i.e. "Splendor Trade Tower", at Sector - 65, Golf Course Extension Road, Gurugram, Haryana on lease from the respondent under the three lease deeds dated 22nd December, 2016, 04th September, 2018 and 04th September, 2018. The petitioner terminated the leases by notices dated 17th September, 2020. Various disputes arose between the parties. The petitioner has approached this Court for seeking a direction to the respondent not to interfere with the removal of goods. The petitioner is Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:11.05.2021 13:01:44 seeking refund of the balance security deposit and the maintenance security deposit from the respondent.
7. On 26th March, 2021, the petitioner stated before this Court that the petitioner was ready and willing to handover the vacant and peaceful possession of the suit property to the respondent against the refund of security deposit. The respondent however declined to refund the security deposit on the ground that the respondent has claims of more than security deposit. The respondent however gave an undertaking to this Court to deposit such amount as may be directed by this Court within one week of the order being passed. This Court accepted the undertaking and directed the petitioner to hand over the vacant and peaceful possession of the suit property to the respondent. Relevant portion of the order dated 26 th March, 2021 is reproduced hereunder:-
"1. Issue notice. Learned counsel for the respondent accepts notice.
2. Learned counsel for the petitioner submits that the petitioner is willing to handover the vacant and peaceful possession of the suit property to the respondent against refund of security deposit. It is further submitted that the petitioner made this statement before this Court in ARB. P. 268/2021, 269/2021 and 270/2021 on 15th March, 2021.
3. Learned counsel for the respondent submits that the respondent has claims of more than security deposit and therefore, the respondent cannot refund the security deposit to the petitioner at this stage. Learned counsel, however, submits that the respondent be permitted to file the reply and if this Court, after hearing the parties, directs the respondent to deposit any amount with this Court, the respondent undertakes to deposit the same within one week of being so directed.
4. Mr. Manish Prakash, General Manger (Legal) of the respondent present in Court undertakes to deposit such amount as may be directed by this Court within one week of the order Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:11.05.2021 13:01:44 being passed without prejudice to its rights and contentions. The undertaking of the respondent is hereby accepted.
5. In view of the undertaking given by respondent today in Court, the petitioner is directed to hand over the vacant and peaceful possession of the suit property to the respondent."
8. Learned counsels for both the parties submit that the petitioner has handed over the vacant and peaceful possession of the suit property to the respondent on 27th March, 2021. In that view of the matter, prayer (a) of the petitions stands satisfied. With respect to the second prayer for refund of the balance rental security deposit, learned counsel for the respondent submits that the entire security deposit stands adjusted against the outstanding rent and GST and, therefore, no amount is refundable to the petitioner as on date. Reference is made to pages 12 and 13 of the submissions dated 08 th April, 2021 filed in ARB.P.270/2021. It is further submitted that even after adjusting the outstanding rent and GST, the respondent has claims in respect of which the respondent has filed ARB.P.268/2021, ARB.P. 269/2021 and ARB.P. 270/2021 for seeking appointment of the arbitrator.
9. Learned counsel for the petitioner vehemently disputes the statement made by learned counsel for the respondent. Learned counsel for the petitioner submits that even after adjusting the outstanding rent and GST, the petitioner is entitled to refund of Rs.2,85,22,058/- in O.M.P.(I) (COMM.) 108/2021, Rs.5,19,15,911/- in O.M.P.(I) (COMM.) 109/2021 and Rs.1,77,73,501/- in O.M.P.(I) (COMM.) 110/2021. It is further submitted that the respondent cannot claim the penalty and interest for late deposit of GST.
10. In view of the submissions made by learned counsels for the parties, the respondent is directed to deposit within 10 days the balance security Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:11.05.2021 13:01:44 deposit after adjusting the outstanding rent plus GST up to the date of handing over the possession i.e. 27th March, 2021. The respondent is directed to file an affidavit to give the computation of adjusted rent and GST, along with the deposit. It is further clarified that if the entire outstanding rent and GST have been adjusted against the security deposit, the respondent need not deposit the amount but the affidavit be filed within ten days. If the petitioner is not satisfied with the computation of the adjustment of rent and GST, the petitioner shall file the response thereto on affidavit within one week thereafter.
11. With respect to the refund of maintenance security deposit, learned counsel for the respondent submits that there are separate maintenance agreements between the petitioner and the maintenance agency. It is submitted that the respondent is not a party to the maintenance agreements.
12. Learned counsel for the petitioner submits that the maintenance agency is a proprietorship concern of the respondent itself and, therefore, it would be appropriate to direct the respondent to refund the maintenance security deposit.
13. Learned counsel for the respondent points out that the petitioner has not invoked any arbitration in respect of the maintenance agreements. It is further submitted that these petitions are pre-mature.
14. This Court is of the view that it would be appropriate for the petitioner to invoke arbitration and then avail appropriate legal remedies against the maintenance agency for refund of the maintenance security deposit. The prayer of the petitioner seeking refund of the maintenance security deposit is disposed of as pre-mature with liberty to the petitioner to Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:11.05.2021 13:01:44 avail appropriate legal remedies against the maintenance agency in accordance with the law.
15. All the three petitions are disposed of in the above terms. Pending applications are also disposed of.
16. List for reporting compliance on 21st May, 2021.
17. The order be uploaded on the website of this Court forthwith.
J.R. MIDHA, J.
MAY 03, 2021 ak Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:11.05.2021 13:01:44