IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH COMMERCIAL APPEAL NO. 109 OF 2024 BETWEEN:

M/S. RHEOTECH FOUNDRY PVT. LTD., REGISTERED OFFICE AT NO.176/174, BLOCK-A, KIADB INDUSTRIAL AREA, CHOKKANAHALLI VILLAGE, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562 114.

AND ALSO AT KOTTANAYAKANAHALLI, ELECTRONIC CITY, BOMMASANDRA, BENGALURU-560 099, REP. BY ITS DIRECTORS MR. GOPINATH THANKA PANDI, MR. THANGAMARI.

…APPELLANT Digitally (BY SRI. A GUNASEKARAN, ADVOCATE)

signed by K G RENUKAMBA AND:

Location:

MRS. SHOBHA VIKRAM High Court of Karnataka AGED ABOUT 47 YEARS, W/O. VIKRAM KUMAR. J, RESIDING AT NO. H204, ETA GARDEN APARTMENT, NO. 9, KEMPAPURA AGRAHARA, BINNYPET, MAGADI ROAD, BENGALURU-560 023.

…RESPONDENT (BY SRI. V.B.SHIVAKUMAR, ADVOCATE FOR C/R)

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION

13(1)(A) OF THE COMMERCIAL COURT ACT, R/W SECTION 96 OF THE CPC, PRAYING TO SET ASIDE IMPUGNED JUDGMENT AND DECREE DATED 19.12.2023 PASSED BY X ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN COM.O.S.NO.57/2022, ETC.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE S RACHAIAH

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

This appeal has been filed by the appellant challenging the judgment and decree dated 19.12.2023 passed in Com.O.S.No.57/2022, whereby the Court of X Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru (‘Trial Court’ for short) has decreed the suit filed by the respondent herein by stating in paragraph No.90 as under:

“90. Issue No. 5: In view of the findings on issue Nos. 1 to 4 and additional issue Nos. 1 to 6, I proceed to pass the following:

O R D E R

The suit filed by the plaintiff is hereby party decreed with cost.

The relief of set off claimed by the defendant as mentioned in its written statement is hereby rejected. The defendant is directed to quit, vacate and handover the vacant possession of the suit schedule property to the plaintiff within 4 months from the date of this order.

Further, it is ordered that the defendant is liable to pay arrears of rent of Rs.56,00,000/- to the plaintiff and directed it to pay the said amount to the plaintiff within 4 months from the date of this order.

Further, it is ordered that the defendant is liable to pay GST at the rate of 18% on the above said arrears of rent. After receiving the said arrears of rent along with GST, the plaintiff is liable to pay the said GST to the concerned Government Department.

Further, it is ordered that the defendant is liable to pay mesne profits to the plaintiff at the rate of Rs.7,00,000/- per month from March 2022 to till handing over the vacant possession of the suit schedule property to the plaintiff.

Further, office of this court is directed to send the unregistered xerox copy of lease agreement dated 26.11.2019 produced by the plaintiff to the Concerned District Registrar to decide the duty and penalty payable on the said document and recover the same from the concerned party and later intimate the same to this court.

Draw decree accordingly.

Office is directed to send copy of the Judgment to both the parties through E-mail as required under Order XX Rule 1 of Code of Civil Procedure.”

2. The facts which are relevant to be considered for the purpose of this order are, it was the case of the respondent in the suit that she is the sole and absolute owner of the Industrial plot No.67D in Sy.No.305 of Bommasandra Industrial Area, Hosur road, Bengaluru. In the month of January 2020, the appellant had approached her and requested her to let-out the schedule property with machinery for rent. After negotiation, monthly rent came to be fixed at Rs.7,25,000/- per month. It was also decided that the appellant-defendant shall pay an amount of Rs.72,00,000/- to the plaintiff-respondent as a security deposit