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R. SUBRAMANIAN, R. SAKTHIVEL
Accudyne Industries India Private Limited – Appellant
Versus
R. P. Rajarajan Enterprises Represented by its Managing Partner – Respondent
JUDGMENT :
R. Sakthivel, J.
(Prayer in OSA (CAD) No. 154 of 2021: Original Side Appeal filed under Order 36 Rule 1 of Original Side Rules read with Section 13 of the Commercial Courts Act, 2015, praying to set aside the Judgment and Decree dated 19.02.2021 passed in C.S.No.692 of 2012 and dismiss the judgment and decree to the extent of directing the appellant to pay a sum of Rs.1,40,14,080/- (Rupees One Crore Forty Lakh Fourteen Thousand and Eighty only) along with intererst at the rate of 12% from 29.10.2008 to the respondent.
In OSA (CAD) No. 150 of 2021: Original Side Appeal filed under Order 36 Rule 1 of Original Side Rules read with Section 13 of the Commercial Courts Act, 2015, praying to set aside the Judgment and Decree dated 19.02.2021 passed in C.S.No.692 of 2012 to the extent of dismissal of the counter-claim filed by the appellant, and allow the counter-claim by directing the respondent to pay a sum of Rs.1,18,43,273/- (One Crore Eighteen Lakh Forty Three Thousand Two Hundred and Seventy Three only) along with interest at the rate of 24% from 29.11.2007 till the date of payment.)
1. By this common Judgment, the following appeals are being disposed of:
The delay in construction and its attribution influenced the court's decision, leading to the invalidity of the lease termination and dismissal of the counter-claim for refund of advance money.
Lease penalty for construction delay invalid where lessor nondiscloses material site defects, supplementary deed removes time limit for additional built-up area, delays due to approvals/statutory fac....
Penalty for construction delay under lease quashed due to delays from court stay, statutory approvals, additional area; writ maintainable for arbitrary state action; 6-year extension non-discriminato....
Supplementary lease deeming additional built-up area integral with no time limit overrides original four-year completion clause for composite construction; penalty demands arbitrary, illegal; payment....
Additional premium demand for construction delay under lease held arbitrary where caused by statutory approvals, late commencement certificates, and extra built-up area without timeline; applicable s....
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.
Court can enforce a money decree based on the defendant's admission of liability for the advance payment, despite no specific claim for it being made.
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