JUDGMENT

Amit Bansal, J.

I.A. No.12212/2021 (u/O-XIII-A(4) of CPC)

1. The present application has been filed on behalf of the plaintiff under Order XIII-A of the Code of Civil Procedure, 1908 (CPC), as applicable to commercial suits, seeking a summary judgment in favour of the plaintiff for a sum of Rs.3,83,09,444/- along with pendente lite and future interest.

2. Notice in the present application was issued on 20th September, 2021 and reply to the application on behalf of the defendant no.1 was filed on 27th November, 2021. Thereafter, plaintiff also filed rejoinder to the reply of the defendant no.1 in December, 2021.

3. Vide order dated 03rd March, 2022, the submission of the parties has been recorded that for deciding the issue of whether or not the defendants are entitled to the benefit of the force majeure clause, oral evidence would not be necessary.

FACTUAL MATRIX

4. Brief facts culminating into filing of the present suit are as follows.

4.1. Plaintiff is the owner of the property bearing No.C-11, Connaught Place, New Delhi-110001 consisting of the Ground Floor measuring about 2400 square feet and basement measuring about 400 square feet (demised premises).

4.2. A triparti