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 tripartite Lease Deed dated 04th January, 2018 (Lease Deed) was entered into by the plaintiff, being the lessor, and the defendant no.1 along with one Keikaku India Private Limited, being the lessees for running a commercial business in the demised premises. The said lease deed was duly registered. The term of the Lease Deed was for nine years running from 1st December, 2017 up to 30th November, 2026 with monthly rent being Rs.27,00,000/- for the period commencing from 30th January, 2018 to 30th November, 2020. Along with the monthly payment of rent, the defendants were also liable to pay the statutory tax, being the Goods and Service Tax applicable on the monthly rent amount. The defendants had deposited a sum of Rs.1,08,00,000/- with the plaintiff towards Interest Free Refundable Security Deposit as per Clause 7 of the Lease Deed.

4.3 Subsequently, vide communications dated 10th January, 2019 the plaintiff was informed of Keikaku India Private Limited withdrawing from the Lease Deed with effect from 01st February, 2019. Thereafter, the defendant no.2 was appointed as a new franchisee of the defendant no.1 and agreed to be bound by the terms and conditions of the Lease Deed.

4.4 On 30th March, 2020, the defendant no.1 sent an email to the plaintiff informing the plaintiff of the closure of the demised premises on account of the COVID-19 pandemic and requested the plaintiff to consider waiving off its obligation to pay rent.

4.5 Thereafter, on 03rd April, 2020, the defendant no.1 sent a notice of suspension of rent to the plaintiff, invoking the force majeure clause under the registered Lease Deed and asked for waiver of payment of rental dues till the time the demised premises became operational. Accordingly, rent was not paid by the defendants for the months of April, 2020 and May, 2020.

4.6 Vide email dated 28th May, 2020, the plaintiff informed the defendant no.1 that the force majeure clause embedded in the Lease Deed only provided for deferment of the date of paying rent and not for waiver of the rent. The plaintiff further offered the defendants a pre-approved payment plan in respect of the rent payable for the months of April, 2020 and May, 2020, whereby the defendant no.1 was given the option of making payment of Rs.48,60,000/- i.e., 50% of the amount due after deduction of Rs.5,40,000/- as Tax Deducted at Source, in two installments by 10th June, 2020 and 10th July, 2020 respectively.

4.7 Subsequently, the plaintiff reminded the defendant no.1 of the outstanding payment of rent for the months of April, 2020 and May, 2020 vide email dated 01st June, 2020.

4.8 The defendant no.1 called the plaintiff to request a waiver of the contractual rent due for the months of April, 2020 and May, 2020, which request was declined by the plaintiff vide email dated 03rd June, 2020