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G. CHANDRASEKHARAN
Future Management & Consultancy Pvt Ltd. – Appellant
Versus
Lancor Holdings Limited – Respondent
JUDGMENT :
Prayer: This Civil Suit is filed under Order IV Rule 1 of the O.S.Rules r/w Order VII of Code of Civil Procedure, for a decree and judgment directing (i) Defendant No.1 to pay to the plaintiff a sum of Rs.3,24,14,595/- along with interest @ 24% from the date of the plaint till realization; (ii) To direct defendant Nos.1 & 3 to jointly and severally pay to the plaintiff a sum of Rs.1,00,00,000/- along with interest @ 24% from the date of the plaint till realization; (iii) To direct defendant No.1 to pay to the plaintiff a sum of Rs.50,00,000/- as damages along with interest @ 24% from the date of the decree till realization; (iv) for costs of the suit.
This is a suit for recovery of a sum of Rs.3,24,14,595/- along with interest @ 24% from the first defendant from the date of the plaint till realization; to direct defendant nos.1 & 3 to jointly and severally pay the plaintiff a sum of Rs.1,00,00,000/- along with interest @ 24% from the date of the plaint till realization; to direct defendant no.1 to pay the plaintiff a sum of Rs.50,00,000/- as damages along with interest @ 24% from the date of the decree till realization and for costs of the suit.
2. The plaintiff is part of
A company struck off under Section 248 (5) of the Companies Act, 2013 may be rendered -dormant- for all other purposes, the ‘certificate of incorporation’ is ‘specifically’ and ‘statutorily preserved....
A lease deed not registered creates a month-to-month tenancy; urgent interim relief suits are exempt from mandatory pre-institution mediation.
The burden of proof in possession disputes and the validity of lease agreements.
A tenant must prove actual damages to recover claimed amounts from the landlord; failure to substantiate losses results in dismissal of claims, except for the advance refundable amount.
Specific performance claims cannot proceed outside the insolvency framework once a claim related to the transaction is filed and admitted in CIRP.
The subsequent construction contracts superseded the original memorandum of understanding, and the defendants' possession was illegal as they failed to complete the construction as per the contract.
The attornment of tenancy by the original landlord and the passage of twelve years since the attornment were crucial in establishing the entitlement and status of respondents No.1 to 5.
Point of law: Eviction – Default in payment of rent - Unless there is the tendering of the lawful rent by tenant, Section 5 (4) does not have any application.
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