JUDGMENT :

(Prayer: Judge’s Summons under Order XIV Rule 8 of the Original Side (O.S) Rules of this Court, read with Order XXXVIII Rule 5 of the Civil Procedure Code (CPC) and Application No.1012 of 2021 is filed to direct the respondent to furnish security for a sum of Rs.1,31,25,396/-, either by a Bank Guarantee or any immovable property for a value of a suit claim within a time that may be fixed by this Court that may be sufficient to satisfy the ensuring decree, failing which, pass an order of attachment before judgment, of the moveable assets belonging to the respondent-Company, as detailed in the Schedule of Property, lying in their office situated at “Sai Sadhan” (2nd Floor) T.S.No.125 (North Phase) SIDCO Thiru.Vi.Ka.Industrial Estate, Ekkaduthangal, Chennai-600 032, pending disposal of the main suit.)

Schedule of property

The list of items:

1. UPS Units (Uninterrupted Power Supply) - 120 Nos.

2. Server and Switches for Server Rack

3. Telephone Systems

4. Access Control

5. Laptops - 120 Nos.

6. C.C.T.Vs. - 283 Nos.

7. Televisions - 150 Nos.

8. Projectors - 60 Nos.

lying in their office situated at “Sai Sadhan” (2nd Floor), T.S.No.125 (North Phase) SIDCO Thiru.Vi.Ka.Industrial Estate, Ekkaduthangal, Chennai-600 032.

Judge’s Summons under Order XIV Rule 8 of the Original Side Rules of this Court, read with Sections 17 and 49 of the Registration Act, 1908, Section 33 of the Stamp Act, 1899, read with Order 13 Rule 8 and Section 151 of the CPC, 1908, and Application No.2166 of 2021 filed praying to order that the lease deed, dated 12.07.2018 is inadmissible as evidence and further impound the same.)

1. The applicants in A.No.1012 of 2021 are the plaintiffs in the suit in C.S.No.93 of 2021 and the respondent is the defendant in the suit.

2. The suit has been filed for the following prayers:

(a) to direct the defendant to pay to the plaintiffs a sum of Rs.1,31,25,396/- together with interest @ 18% per annum on Rs.1,20,33,481/- from the date of filing the suit till the date of realisation in full, and

(b) to pay the costs of the suit to the plaintiffs.

3. The facts and circumstances which gave rise to the filing of the suit and the applications are stated hereunder.

4. The case of the applicants/plaintiffs is that they are the absolute owners/land-lords of the office premises measuring 9680 Sq.Ft. on the third floor of the I.T. Commercial Building, known as “MPL Silicon Towers” (fourth floor - as per the sanctioned plan) bearing Door No.149, Velacherry-Tambaram Road, Pallikaranai, Chennai-601 302.

5. The respondent/defendant-Company was inducted as a tenant under the applicants occupying the above premises pursuant to a lease deed, dated 12.07.2018 for a period of 72 months with lock-in period of initial three years from 23.07.2018 to 22.07.2021 on a monthly rent of Rs.5,80,800/-, initially, with an annual escalation at 5% on the said rent, plus applicable Goods and Services Tax (GST) @ 18% on the rent. The said monthly rent was exclusive of monthly maintenance charges payable towards common amenities, to be payable to the maintenance agency, electricity consumption charges payable to TANGEDCO (Tamil Nadu Generation and Distribution Corporation) and water tax consumption charges to the local body.

6. According to the applicants, the respondent paid a sum of Rs.34,84,800/- as refundable interest-free security deposit. The respondent-Company had been irregular in payment of monthly rents from July 2018 till February 2020. However, the respondent has been very prompt in paying the monthly charges to the maintenance agency regularly, fearing that any failure to pay the monthly charges would result in withdrawing of service in the common area. Similarly, the respondent-Company also used to pay the electricity charges without fail fearing disconnection of service.

7. The starting point of the dispute that arose between the applicants/plaintiffs and the respondent/defendant, was that, from the month of March 2020 (being the rent payable on or before 07.04