Punjab-Haryana High Court
Global Realty Creations Pvt. Ltd vs M/S International Corpsolutions ... on 1 October, 2013
Author: K. Kannan
Bench: K. Kannan
CR No. 2686 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR No. 2686 of 2013
Date of decision: October 1, 2013
Global Realty Creations Pvt. Ltd.
...Petitioner
Versus
M/s International Corpsolutions Private Limited
...Respondent
CORAM:- HON'BLE MR. JUSTICE K. KANNAN
Present: Mr. Sanjay Vij, Advocate
for the petitioner.
Mr. Kabir Sarin, Advocate
for the respondent.
K. KANNAN, J. (Oral)
The revision is against the interim order passed on an application under Section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the Act'). The petition has been resorted by the tenant/respondent on a contention that the petitioner is a service providing agency but was making a demand for maintenance charges and electricity, which were disputed and which were required to be settled through an arbitral reference. The immediate prompting to a petition under Section 9 of the Act was that the electricity connection had been disconnected and being a basic amenity he wanted restoration of the same as a measure of interim protection. The court, while passing an interim order, has directed the connection to be immediately restored on payment of electricity charges. The petitioner is aggrieved that even apart from the electricity charges, the respondent/tenant is liable to pay maintenance charges @ 38.33 paise per Singh Prem square foot for a total area in his occupation, namely, 5533 square feet. The 2013.10.04 16:27 I attest to the accuracy and integrity of this document High Court Chandigarh CR No. 2686 of 2013 2 monthly maintenance charges, thus, reckoned shall be Rs. 2,38,324/- and the respondent has not paid the charges from 1st October, 2012 till 30th September, 2013. At the time when the petition was filed, the default attributed to the tenant was only upto April, 2013.
Counsel appearing on behalf of the respondent contends that he has paid whatever is due and payable and no further amount is due by him. The order passed by the court below is, therefore, justified and does not call for any interference.
I find the order to be erroneous. A direction for reconnection could not have been given to a party who was in gross breach of the terms; at least prima facie so. If the tenant has serious objection to the quality of services and that the maintenance claimed at Rs. 2, 38,324/- was not payable, it shall be definitely possible for him to secure an adjudication in the manner that is possible before the arbitrator. The maintenance charges, which are payable are seen through the maintenance and service agreement entered into between the petitioner and the respondent and the relevant clauses are 1.6, 1.8 and 2.1 to 2.6. They are re-produced as under:-
"1.6 The Maintenance Agency/Agency shall maintain an adequate and proper central air-conditioning system and power backup and operate the same for provision of services in the Complex during the normal office hours except Sundays and public holidays. (We will observe holidays declared by Haryana Government as Public Holidays).
xx xx xx 1.8 The Maintenance Agency/Agency shall maintain the Singh Prem 2013.10.04 16:27 I attest to the accuracy and integrity of this document High Court Chandigarh CR No. 2686 of 2013 3 elevators installed in the Complex and make those available for use of the Second Party and other occupants in accordance with the provisions of this Agreement.
xx xx xx 2.1 Operation & Maintenance of air-conditioning system and plants, Fire Fighting system, lifts, other electrical & mechanical equipment systems, electric sub-station connected with the supply of electrical energy to all occupants of the building and all other equipments installed for provision of common services in the Complex.
2.2 Open and Common Areas Maintenance Services: These relate to operation and maintenance of common areas, lifts, stairs, basement, terraces/refuge areas, compound mall landscaping, electrification of plot, water supply, sewerage, roads, footpaths etc. 2.3 Operation & Maintenance Services located in the Basement: These shall inter alia relate to operation and maintenance of basement services, such as, electric Sub- station, Pump (s), Fire Fighting Room (s), Transformer
(s), D.G Set (s) Water Tank (s) and other services in the basement.
2.4 Open Area Maintenance Services: These relate to operation and maintenance of open Spaces within the Complex, such as, maintenance of compound wall, Singh Prem 2013.10.04 16:27 I attest to the accuracy and integrity of this document High Court Chandigarh CR No. 2686 of 2013 4 landscaping electrification of the plot, water supply, sewerage, roads, paths and other services within the Complex.
2.5 Security Services for common areas in the Complex. The Second Party would take all precautions and extent full cooperation to the Maintenance Agency in discharge of their duties. The Maintenance Agency/Endorsing Party shall not be responsible for the loss of any valuable left in the car or for the theft of the car and valuables or both. 2.6 Insurance of structure (s) and common plants & equipment in the Complex shall be the responsibility of the Maintenance Agency. However, insurance of interiors of the Premises or any articles kept or stored therein is the responsibility of the Second Party. The Endorsing Party herein authorize the Maintenance Agency/Agency to insure shall structure of the Premises/Complex and all equipment for provision of Services pertaining thereto.
Note:-It is understood that maintenance inside the Premises as such is the responsibility of the Second Party (tenant/owner).
The principal benefits obtained are for maintenance of the common areas, lifts, stairs, basement, terraces etc. The court could not have passed the order without directing the respondent/tenant to pay the maintenance charges as well. The order passed already is set aside and the respondent is given an opportunity to make the payment of all the charges Singh Prem 2013.10.04 16:27 I attest to the accuracy and integrity of this document High Court Chandigarh CR No. 2686 of 2013 5 pending due upto September, 2013. According to the petitioner, it works out to Rs. 23,83,240/-, which is said to be the principal amount and does not take into account the element of interest payable. As of now, the respondent shall pay the said amount within two weeks from today, failing which the petitioner will be at liberty to disconnect the electricity supply.
Counsel for the respondent states that there is some dispute regarding some alleged payments as already having been paid to the petitioner. It shall be subject to an adjudication in the arbitration as to what payment has not been duly credited. As of now, I am convinced that the respondent cannot enjoy the benefit without paying the amount which I have referred to above.
The revision petition is allowed on the above terms.
October 1, 2013 (K.KANNAN)
prem JUDGE
Singh Prem
2013.10.04 16:27
I attest to the accuracy and
integrity of this document
High Court Chandigarh