High Court Of Delhi
RIAA HOTEL AND RESTAURANTS PRIVATE LIMITED - Appellant
Versus
ANUSRI ENTERPRISES - Respondent
Decided On : 07/01/1996
Order 39 Rule 10 — Delivery of money to the party to suit where claim is admitted — Licence fee — No justification on part of the defendants in declining to pay — Direction to defendants to pay within stipulated time — Failing which defense would stand struck off.
( 1 )
A) directing the defendants to vacate and hand over the vacant possession of the premises forming part of property known as 13, Community Centre, Ashok Vihar, Phase II, Delhi to the plaintiff Company in the same condition as sit was at the time when the same was provided/handed over to the defendants by the Plaintiff at the beginning of the licence for user of the same to run the restaurant of the Plaintiff therefrom;
B) directing the defendants to hand back the assets and belongings of the Plaintiff, provided to the defendants for running the aforenamed restaurant as detailed in the Schedule to Annexure b in a fit and working condition as they were at the time when the same were handed over to the Defendants for use and/or to replace the said assets with assets of the same quality and value;
C) directing the Defendants to pay the sum of Rs. 5,55,000. 00 (Rupees Five Lakhs fifty Five Thousand Only) as arrears of Licence Fee payable by the defendants to the Plaintiff Company for the period ending 31st July, 1995;
D) directing the defendants to pay the sum of Rs. 4,05,000. 00 (Rupees Four Lakhs Five Thousand Only) as damages/mesne profits for unauthorisedly running the restaurant of the Plaintiff Company by using its assets/facilities and the suit premises of the Plaintiff Company for the period from 1. 8. 1995 till 13. 12. 1995;
E) directing the defendants to pay the sum of Rs. 5,62,045. 00 (Rupees Five Lakhs Sixty Two Thousand Forty Five Only) towards damages for damaging and/or alienating the property and assets of the Plaintiff provided to the defendants for the purpose of running the Restaurant and business of the Plaintiff Company;
F) directing the defendants to pay damages/compensation to the plaintiff for trespassing in the property of the plaintiff and illegally and unauthorisedly continuing to occupy the premises owned by the plaintiff.
G) directing the defendants to pay/refund to the Plaintiff Company the sum of Rs. 16045. 00 (Rupees Sixteen Thousand and Forty Five only) towards reimbursement of electricity charges illegally realized from the plaintiff pertaining to the period after the Licence Agreement, by wrongfully adjusting the same from out of the Licence Fees which was due at the said time and wrongly withholding the same by the Defendants. the plaintiff further prays a) The defendants, be restrained by way of a permanent injunction from illegally and unauthorisedly using the trade name of mughlal Mahal Northend and from running the Restaurant business of the Plaintiff Company and using the facilities/assets of the Plaintiff provided there; b) The defendants, be restrained by way of a permanent injunction from selling/alienating/transferring/altering/ modifying or creating third party interests in the said business and premises of the Plaintiff Company; c) The defendants be restrained by means of a permanent injunction from selling/alienating/misappropriating the assets and other properties belonging to the plaintiff and lying in the premises of which the Defendants are in unauthorized occupation. d) The defendants be restrained by means of a permanent injunction from illegally and unauthorisedly using the Trade name of the Plaintiff Company after termination of Licence Agreement. e) The Defendants be directed by means of mandatory injunction to pay damages/mesne profits @ Rs. 90,000. 00 per month alongwith interest thereon @ 20% per annum to the Plaintiff Company from the date of suit till the date of handing back the business and premises of the Plaintiff Company as damages and compensation for unauthorisedly running the business of the plaintiff by using the property and assets of the Plaintiff and for not letting the Plaintiff Company run its own business; f) The defendants be directed to pay the Plaintiff future interest on the said amount of Rs. 15,22,565. 00 @ 22% till date of payment; g) Award costs of these proceedings in favour of the plaintiff and against the defendants.
( 2 )
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