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2023 Supreme(Online)(MAD) 18768

HIGH COURT OF MADRAS
Hon`ble Ms. Justice P.T. ASHA
M/s Entex Private Limited – Appellant
Versus
M/s.Jain Jubilant Cars Pvt.L – Respondent


JUDGEMENT

The suit is filed for directing the Defendant to pay to the Plaintiff a sum of Rs.7,98,01,000/- together with future interest at the rate of 18% per annum on the principal sum of Rs.6,59,73,000/- from the date of plaint till date of realization, the transaction being a commercial one.

2. It is the case of the plaintiff that they are the owners of the suit schedule property. Under a lease deed dated 10.04.2011, the defendant was given a lease of the premises measuring 39,400 sq.ft., on a monthly rental of a sum of Rs.6,75,000/- and a sum of Rs.1,00,000/- for the terrace portion measuring 12600 sq.ft.

3. The plaintiff would submit that the defendant had paid an interest free deposit of Rs.50,00,000/- and as per terms of the agreement the total lease rental payable was a sum of Rs.7,75,000/-, which was to be paid on or before the 10th of every succeeding English calender month. The lease was for a period of 15 years with a lock-in period of 10 years commencing from 10.04.2011. There was also a clause that in case either of the party wished to bring the lease agreement to an end, the person so desiring shall pay damages at the rate of the rental for 2 years. That apart, it is al

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