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RAJIV SHAKDHER, TALWANT SINGH
Manoj Gulshan And Another – Appellant
Versus
Zee Learn Ltd – Respondent
JUDGMENT
Talwant Singh, J. - The appellants have filed the present appeal under Section 37 of the arbitration and Conciliation act, 1996 read with Section 13 of the Commercial Court act for modifying the impugned order dated 29.09.2021 passed by learned Single Judge in OMP (I) (COMM) No. 425/2020 titled as 'Manoj Gulshan & anr. vs. Zee Learn Limited', by which the learned Single Judge had disposed of the present appellant's petition filed under Section 9 of the arbitration and Conciliation act, 1996 (hereinafter referred to as 'the act').
2. In brief, the case of the appellant is that appellant no. 1 is the owner of the premises bearing No. a9/20, Ground Floor, Vasant Vihar, New Delhi-110057, which was given on a licence to the respondents for a period of ten years and the appellant no. 2 has done the furnishing and fittings in the said premises. The parties have entered into an agreement dated 06.02.2018 for a period of five years w.e.f. 01.02.2018. The rent was payable @ Rs.2,10,000/- per month from 01.03.2018 till 28.02.2019 and thereafter the rent was to be increased @5% annually.
3. as per the appellants, respondents had paid the rent till august, 2019 and thereafter no payments
The main legal point established in the judgment is the importance of securing the interest of the appellants and the need for proper adjudication of claims and counter-claims before the arbitrator.
The liability of the appellant to pay outstanding rent and maintenance charges was not restricted by a previous order, and the application under Section 9 of the Arbitration and Conciliation Act, 199....
If tenants fail to vacate said premises on expiry of tenancy period, tenants shall pay a sum of Rs.3,000/- per day towards penalty alongwith monthly rent to landladies.
The main legal point established in the judgment is the court's reliance on the appellants' admissions regarding the landlord-tenant relationship, liability to pay rent, and termination of tenancy.
The liability of the defendant towards the admitted rent justified the Trial Court's exercise of power under Section 94 CPC read with Section 151 CPC to pass the impugned order of attachment.
A tenant cannot avoid payment obligations under a lease due to financial distress unless a clear force majeure clause exists, and prior conduct may preclude claims of non-liability.
Clear and unambiguous admissions by the defendant in a suit for possession can warrant a judgment on admission under Order 12 Rule 6 CPC. The expiration of a lease by efflux of time does not amount t....
The liability of tenants to pay arrears of rent and damages to the property, the burden of proof for repair costs, and the binding nature of counter claim awards.
The sufficiency of pleadings in a petition under section 9 of the Arbitration Act and the court's power to grant interim measures to secure a claim, considering the financial condition of the party a....
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