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21.02.2023

1.

Upon hearing learned counsels for respective parties, the Court

hereby frames the following issues:-

“1. Whether the suit is bad for concealment of facts by the

Plaintiff. If so its effect?(OPD3)

2. Whether the suit is not maintainable against Defendant No.4 for

lack of privity of contract? (OPD 4)

3. Whether the suit is barred by limitation in view of Article 78

and other Articles of Part VII of Schedule of the Limitation Act,

1963. (OPD 4).

4. Whether the suit is not maintainable against Defendant No.4 as

there exists no commercial disputes under Section 2(c) of the

Commercial Courts Act, 2015? (OPD 4)

5. Whether the counter claimant/ OPDI is entitled to a sum of

Rs.1,56,36,250/- along with pendent lite and future interest @18%

p.a. or any other amount? (Counter claimant/OPD 1)

6. Whether the Counter claim is not in accordance with the

requirement of the commercial Court Act read with Rules of Delhi

High Court (Original Side) Rules, 2018 and is not maintainable in

the present form and is liable to be dismissed? (OPP/ Respondent

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in Counter claim)

7. Whether the counter claim by way of damages is barred by

limitation? (OPP/ Respondent in Counter claim)

8. Whether the Plaintiff is entitled to a sum of Rs.1,68,75,000/- or

any other amount towards damages/loss of profit? (OPP)

9. Whether the Plaintiff is entitled to a sum of Rs.1,00,00,000 /- or

any other amount towards loss of goodwill? (OPP)

10.

Whether

the

Plaintiff

is

entitled

to

a

sum

of

Rs.2,15,30,866/-or any other amount as damages/loss towards fit

outs? (OPP)

11. Whether the Plaintiff is entitled to a sum of Rs.36,25,000/- or

any other amount towards refund of security deposit under Lease

Deeds dated 20.05.2015, 20.11.2015 and 11.03.2016? (OPP)

12. Whether the Plaintiff is entitled to a sum of Rs.16,83,960 /- or

any other amount towards refund of advance rent amount under

Lease Deeds dated 20.05.2015, 20.11.2015 and 11.03.2016? (OPP)

13. Whether the Plaintiff is entitled to a sum of Rs.50,00,000/- or

any other amount towards loss of visibility, advertisement and

publicity/ marketing site? (OPP)

14. Whether the Plaintiff is entitled to a sum of Rs.56,65,042/- or

any other amount towards interest @18% per annum on the amount

of security deposit and advance rent under Lease Deeds dated

20.05.2015, 20.11.2015 and 11.03.2016 till the filing of the plaint?

(OPP)

15. Whether the Plaintiff is entitled to interest on the amounts

claimed in the suit? If so, at what rate and for what period? (OPP)

16. Relief.”

2.

Insofar as the objection taken by Defendant No. 4 that the suit

fails to establish a cause of action and is liable to be rejected under

Order VII Rule 11(a) CPC, the same is left open to be addressed in the

pending suit, if so chosen and advised.

3.

Place before the concerned Joint Registrar on 24.03.2023 for

taking further proceedings on the suit.

YASHWANT VARMA, J.

FEBRUARY 21, 2023

SU

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 29/01/2024 at 03:08:44