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Infinity Infotech Parks Limited v/s Shiva Jute Mills Private Limited Through Chief Executive (Authorised Signatory) & Another


Company & Directors' Information:- L C C INFOTECH LIMITED [Active] CIN = L72200WB1985PLC073196

Company & Directors' Information:- INFINITY INFOTECH PARKS LIMITED [Active] CIN = U17122WB1991PLC053828

Company & Directors' Information:- SHIVA MILLS LIMITED [Active] CIN = L17111TZ2015PLC022007

Company & Directors' Information:- SHIVA MILLS LIMITED [Active] CIN = U17111TZ2015PLC022007

Company & Directors' Information:- R A S INFOTECH LIMITED [Active] CIN = U72200TG1998PLC030341

Company & Directors' Information:- SHIVA CORPORATION (INDIA) LIMITED [Active] CIN = U15532RJ1998PLC015036

Company & Directors' Information:- SHIVA MILLS LIMITED [Active] CIN = U17111TZ2011PLC016848

Company & Directors' Information:- J P P MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2003PTC010491

Company & Directors' Information:- Z M INFOTECH LIMITED [Amalgamated] CIN = U72200TN2000PLC044239

Company & Directors' Information:- THE JUTE CORPORATION OF INDIA LIMITED [Active] CIN = U17232WB1971GOI027958

Company & Directors' Information:- T I INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC139651

Company & Directors' Information:- V M D MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004822

Company & Directors' Information:- A R C MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004845

Company & Directors' Information:- S AND Y MILLS LIMITED [Not available for efiling] CIN = U17111TZ1994PLC005460

Company & Directors' Information:- D C MILLS PRIVATE LIMITED [Active] CIN = U25199KL1996PTC009988

Company & Directors' Information:- H M S INFOTECH PRIVATE LIMITED [Amalgamated] CIN = U72300TN2008PTC117028

Company & Directors' Information:- H M S INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2008PTC175395

Company & Directors' Information:- R A MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013248

Company & Directors' Information:- S M JUTE PRIVATE LIMITED [Active] CIN = U17232WB2005PTC102039

Company & Directors' Information:- K U INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133807

Company & Directors' Information:- C I INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL1996PTC076202

Company & Directors' Information:- INFOTECH LIMITED [Active] CIN = U30006TN1982PLC009267

Company & Directors' Information:- C R INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL1996PTC077678

Company & Directors' Information:- P V S INFOTECH PRIVATE LIMITED. [Active] CIN = U72200DL2000PTC103791

Company & Directors' Information:- J M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013113

Company & Directors' Information:- G N R C INFOTECH PRIVATE LIMITED [Active] CIN = U72200AS2001PTC006584

Company & Directors' Information:- M T A MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1989PTC003048

Company & Directors' Information:- R V S INFOTECH LIMITED [Active] CIN = U72200TZ2000PLC009253

Company & Directors' Information:- P A MILLS INDIA LTD. [Not available for efiling] CIN = U17111TN1990PLC019762

Company & Directors' Information:- K N M MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1990PTC002702

Company & Directors' Information:- H R INFOTECH PRIVATE LIMITED [Converted to LLP] CIN = U72200WB2011PTC166498

Company & Directors' Information:- G S JUTE PRIVATE LIMITED [Active] CIN = U17119WB1997PTC082830

Company & Directors' Information:- V M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011763

Company & Directors' Information:- B. K. S. INFOTECH PRIVATE LIMITED [Active] CIN = U45400MH2012PTC230418

Company & Directors' Information:- N S INFOTECH LIMITED [Active] CIN = U30007KA1999PLC025300

Company & Directors' Information:- A. L. T. INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2007PTC161777

Company & Directors' Information:- B A G INFOTECH PRIVATE LIMITED [Active] CIN = U52335DL1998PTC097109

Company & Directors' Information:- S N A INFOTECH PRIVATE LIMITED [Active] CIN = U72900MH2005PTC155271

Company & Directors' Information:- S L INFOTECH PRIVATE LIMITED [Active] CIN = U72300AS2000PTC006125

Company & Directors' Information:- S T INFOTECH LIMITED [Active] CIN = U72200WB1997PLC085587

Company & Directors' Information:- R & D INFOTECH PRIVATE LIMITED [Active] CIN = U72200WB1997PTC084977

Company & Directors' Information:- C R G INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2008PTC174812

Company & Directors' Information:- G-3 INFOTECH PRIVATE LIMITED [Amalgamated] CIN = U30007DL1999PTC098511

Company & Directors' Information:- D M INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2006PTC152561

Company & Directors' Information:- R L JUTE MILLS PRIVATE LIMITED [Active] CIN = U17120WB2010PTC145200

Company & Directors' Information:- S. S. MILLS PRIVATE LIMITED [Active] CIN = U24231GJ1988PTC010885

Company & Directors' Information:- S R INFOTECH PRIVATE LIMITED [Active] CIN = U72300UP2000PTC025511

Company & Directors' Information:- P G INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL2000PTC105014

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Active] CIN = U51900MH1999PTC122189

Company & Directors' Information:- S O INFOTECH PRIVATE LIMITED [Active] CIN = U72120DL2001PTC109989

Company & Directors' Information:- N G INFOTECH INDIA PRIVATE LIMITED [Active] CIN = U72200GJ1999PTC036837

Company & Directors' Information:- L F C INFOTECH PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167694

Company & Directors' Information:- G D I INFOTECH PRIVATE LIMITED [Active] CIN = U80302MH1999PTC118659

Company & Directors' Information:- SHIVA JUTE MILLS PRIVATE LIMITED [Active] CIN = U17119WB2010PTC154235

Company & Directors' Information:- D S INFOTECH PRIVATE LIMITED [Active] CIN = U80221WB1998PTC088271

Company & Directors' Information:- U M INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2010PTC209718

Company & Directors' Information:- S K V INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC135028

Company & Directors' Information:- I M INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC142363

Company & Directors' Information:- W AND G INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200UR2000PTC025543

Company & Directors' Information:- P S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200PB2000PTC023935

Company & Directors' Information:- R B MILLS PVT LTD [Active] CIN = U15141AS1949PTC001939

Company & Directors' Information:- F. S. W. INFOTECH PRIVATE LIMITED [Active] CIN = U74999MH2018PTC304961

Company & Directors' Information:- L T INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC162270

Company & Directors' Information:- V G INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2008PTC184085

Company & Directors' Information:- K P INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2013PTC256424

Company & Directors' Information:- K B R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC038500

Company & Directors' Information:- N J INFOTECH INDIA PRIVATE LIMITED [Strike Off] CIN = U72900MH1992PTC065367

Company & Directors' Information:- J AND J INFOTECH PRIVATE LIMITED [Active] CIN = U72100CH1996PTC018982

Company & Directors' Information:- B B INFOTECH PRIVATE LIMITED [Dormant under section 455] CIN = U17111OR1989PTC002280

Company & Directors' Information:- B L INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC137392

Company & Directors' Information:- G K J INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC143502

Company & Directors' Information:- AMP INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2007PTC159294

Company & Directors' Information:- V W C INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2000PTC104310

Company & Directors' Information:- R I INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200WB1999PTC088628

Company & Directors' Information:- D K INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC021546

Company & Directors' Information:- M K B JUTE PVT LTD [Strike Off] CIN = U17232WB2006PTC109492

Company & Directors' Information:- S B R INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2008PTC183660

Company & Directors' Information:- G D INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2004PTC129817

Company & Directors' Information:- L. D. INFOTECH PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175482

Company & Directors' Information:- K G INFOTECH LIMITED [Strike Off] CIN = U03000TZ1995PLC005828

Company & Directors' Information:- 3 C INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KL2001PTC014906

Company & Directors' Information:- C L INFOTECH PRIVATE LIMITED [Active] CIN = U72200KA1998PTC023936

Company & Directors' Information:- B T MILLS PRIVATE LIMITED [Active] CIN = U18101MH1997PTC109479

Company & Directors' Information:- G C N INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL1999PTC101558

Company & Directors' Information:- T R MILLS PRIVATE LIMITED [Active] CIN = U17111KA1954PTC000799

Company & Directors' Information:- S M M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2014PTC076177

Company & Directors' Information:- R INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL1999PTC098787

Company & Directors' Information:- E INFOTECH INDIA PRIVATE LIMITED [Active] CIN = U72200GJ2000PTC037198

Company & Directors' Information:- B T INFOTECH PVT LTD [Strike Off] CIN = U72200WB1995PTC072322

Company & Directors' Information:- J K MILLS LTD [Strike Off] CIN = U17200WB1946PLC013603

Company & Directors' Information:- A B S INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109507

Company & Directors' Information:- M P M INFOTECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72200TZ2009PTC015534

Company & Directors' Information:- I D M INFOTECH PRIVATE LIMITED [Active] CIN = U72200UP1995PTC018911

Company & Directors' Information:- H C S INFOTECH PRIVATE LIMITED [Active] CIN = U72900WB2002PTC095327

Company & Directors' Information:- V V R INFOTECH PRIVATE LIMITED [Active] CIN = U72200MH2004PTC146584

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Amalgamated] CIN = U18101MH2003PTC138487

Company & Directors' Information:- S K INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200MH2001PTC130890

Company & Directors' Information:- CHIEF INFOTECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900MH2001PTC131482

Company & Directors' Information:- T A S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200TN2005PTC057643

Company & Directors' Information:- C V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200TG2001PTC037864

Company & Directors' Information:- S S N INFOTECH PRIVATE LIMITED [Active] CIN = U72200TG2009PTC063843

Company & Directors' Information:- N P INFOTECH PVT LTD [Strike Off] CIN = U72200WB2006PTC109006

Company & Directors' Information:- D U INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300WB2013PTC189677

Company & Directors' Information:- I J INFOTECH PRIVATE LIMITED [Active] CIN = U30000CH2005PTC028655

Company & Directors' Information:- D N G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2008PTC181997

Company & Directors' Information:- G N D INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2008PTC182777

Company & Directors' Information:- K R G INFOTECH PRIVATE LIMITED. [Active] CIN = U72901DL2006PTC148322

Company & Directors' Information:- U C S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA1995PTC019006

Company & Directors' Information:- G S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72100MH2000PTC124184

Company & Directors' Information:- P & K INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200TN1999PTC041717

Company & Directors' Information:- S T INFOTECH LIMITED [Strike Off] CIN = U72200KA2000PLC026628

Company & Directors' Information:- C B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900TN1999PTC041846

Company & Directors' Information:- A. C. INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200WB2007PTC112999

Company & Directors' Information:- F T INFOTECH PRIVATE LIMITED [Active] CIN = U74999MH2020PTC343388

Company & Directors' Information:- S B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200WB2000PTC092489

Company & Directors' Information:- A R R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC139177

Company & Directors' Information:- J G INFOTECH PRIVATE LIMITED. [Active] CIN = U72200DL2005PTC132736

Company & Directors' Information:- F-1 INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2006PTC144426

Company & Directors' Information:- M S G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142298

Company & Directors' Information:- R & B INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2008PTC048682

Company & Directors' Information:- T A P INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2010PTC052098

Company & Directors' Information:- T & H INFOTECH PRIVATE LIMITED [Active] CIN = U30007MH2011PTC211938

Company & Directors' Information:- S K P INFOTECH PRIVATE LIMITED [Strike Off] CIN = U30009MH2004PTC149339

Company & Directors' Information:- W R B INFOTECH PRIVATE LIMITED [Strike Off] CIN = U52100MH2010PTC201111

Company & Directors' Information:- J N S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200MH2004PTC148396

Company & Directors' Information:- K & N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200PN2010PTC135273

Company & Directors' Information:- P L N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200PN2013PTC146766

Company & Directors' Information:- INFINITY CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC142255

Company & Directors' Information:- V 5 INFOTECH PRIVATE LIMITED [Active] CIN = U74999MH2014PTC254857

Company & Directors' Information:- K AND Z INFOTECH PRIVATE LIMITED [Active] CIN = U72900MH2005PTC154048

Company & Directors' Information:- D L C INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300UP2008PTC034728

Company & Directors' Information:- D N INFOTECH PRIVATE LIMITED [Active] CIN = U72300UP2012PTC054294

Company & Directors' Information:- I I B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300UP2013PTC054676

Company & Directors' Information:- F R INFOTECH PRIVATE LIMITED [Active] CIN = U72300UP2014PTC067948

Company & Directors' Information:- P F INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74900UP2011PTC045136

Company & Directors' Information:- A V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900UP2002PTC026656

Company & Directors' Information:- P & P INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900WB2013PTC194892

Company & Directors' Information:- S S B INFOTECH PRIVATE LIMITED [Active] CIN = U51909WB1998PTC088311

Company & Directors' Information:- J AND K INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300JK2005PTC002589

Company & Directors' Information:- H G S INFOTECH PRIVATE LIMITED [Active] CIN = U72900HP2011PTC031797

Company & Directors' Information:- A G INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72900CH2012PTC033581

Company & Directors' Information:- A B K INFOTECH PVT LTD [Strike Off] CIN = U72300DL2006PTC149165

Company & Directors' Information:- N. A. INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2006PTC151784

Company & Directors' Information:- G V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2008PTC172610

Company & Directors' Information:- G Y INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2009PTC189966

Company & Directors' Information:- S R M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2001PTC113160

Company & Directors' Information:- C N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2007PTC169883

Company & Directors' Information:- A A M INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2010PTC210990

Company & Directors' Information:- M P J INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2010PTC210638

Company & Directors' Information:- J & D INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2011PTC229211

Company & Directors' Information:- R N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2013PTC250317

Company & Directors' Information:- S H INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2015PTC288193

Company & Directors' Information:- K S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC175123

Company & Directors' Information:- A K M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC133661

Company & Directors' Information:- B S G INFOTECH PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U72200DL2005PTC134123

Company & Directors' Information:- L R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC134704

Company & Directors' Information:- K H R INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC134855

Company & Directors' Information:- E G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135197

Company & Directors' Information:- D AND A INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC136205

Company & Directors' Information:- V & V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC138462

Company & Directors' Information:- B N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC138720

Company & Directors' Information:- T K INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC141353

Company & Directors' Information:- G S R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC142894

Company & Directors' Information:- V C L INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2006PTC147955

Company & Directors' Information:- I P A INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2009PTC189004

Company & Directors' Information:- V B INFOTECH INDIA PRIVATE LIMITED [Active] CIN = U72200DL2012PTC241950

Company & Directors' Information:- V M A INFOTECH PRIVATE LIMITED [Strike Off] CIN = U93000DL2013PTC254286

Company & Directors' Information:- P & A INFOTECH PRIVATE LIMITED [Active] CIN = U74120DL2008PTC177113

Company & Directors' Information:- J T INFOTECH PRIVATE LIMITED [Active] CIN = U51395DL2013PTC261054

Company & Directors' Information:- A P S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109696

Company & Directors' Information:- R B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2004PTC128001

Company & Directors' Information:- S N INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141584

Company & Directors' Information:- P K G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC141775

Company & Directors' Information:- U N INFOTECH PRIVATE LIMITED [Active] CIN = U72300HR2014PTC051750

Company & Directors' Information:- 2 S INFOTECH PRIVATE LIMITED [Active] CIN = U72200KA2009PTC049280

Company & Directors' Information:- A AND S INFOTECH PRIVATE LIMITED [Active] CIN = U72900KL2006PTC019844

Company & Directors' Information:- A TO Z INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200GJ2010PTC063043

Company & Directors' Information:- AT INFOTECH PRIVATE LIMITED [Active] CIN = U72900UP2019PTC116326

Company & Directors' Information:- N-INFINITY INFOTECH PRIVATE LIMITED [Active] CIN = U72200PN2019PTC188774

Company & Directors' Information:- E S INFOTECH PRIVATE LIMITED [Active] CIN = U72900PB2021PTC053585

Company & Directors' Information:- A R INFOTECH LIMITED [Strike Off] CIN = U72200DL2000PLC108900

Company & Directors' Information:- M AND M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034708

Company & Directors' Information:- J N R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200TG2007PTC052259

Company & Directors' Information:- M C S INFOTECH PVT. LTD. [Strike Off] CIN = U99999DL1996PTC078891

Company & Directors' Information:- T AND G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U99999DL2000PTC103251

Company & Directors' Information:- Y M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC165169

Company & Directors' Information:- S S R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2008PTC177400

Company & Directors' Information:- N R K JUTE MILLS PRIVATE LIMITED [Strike Off] CIN = U17232AP2003PTC040612

Company & Directors' Information:- SHIVA AND CO PVT LTD [Strike Off] CIN = U51909KL1934PTC001030

    Special Leave Petition (Civil) No. 21341 of 2019

    Decided On, 07 February 2020

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE DEEPAK GUPTA & THE HONOURABLE MR. JUSTICE ANIRUDDHA BOSE

    For Petitioner: Sanjiv Sen, Senior. Advocate., R.K. Khanna, Sayan Ray, Soumo Palit and Madhu Moolchandani, Advocates And For Respondents: Meenakshi Arora, Senior. Advocate., Kumarjit Banerjee, Gaurav Gupta, Jaspal Singh and Gaurav Goel, Advocates.



Judgment Text


Deepak Gupta, J.

This petition is directed against the order passed by the High Court of Calcutta dated 31.07.2019 in C.O. No.541 of 2019 whereby it allowed the petition of the respondent no. 1 herein and directed the petitioner herein to restore the electricity of the property occupied by the respondent no.1 herein.

2. The grievance of the petitioner is that the respondent no. 1 who is occupying the 16th floor of the building in question comprising about 29,445 sq. ft., has not paid a single rupee on account of lease rent, maintenance charges, electricity charges and other charges and, therefore, the order directing restoration of electricity without requiring the tenant-sub lessee to pay the requisite charges is totally without jurisdiction.

3. We are only referring to the facts which are necessary for decision of this case and our discussion is restricted to passing an equitable order. The facts, shorn of unnecessary details, are that the petitioner-Infinity Infotech Parks Limited is a lessee in the building known as INFINITY BENCHMARK, Bidhannagar, in the District of North 24Parganas, Kolkata. The 16th floor of the said building was divided into 3 offices. The entire 16th floor along with 5 car parking spaces was subleased by the petitioner in favour of the respondent no. 2M/ s. Pearl Studios Pvt. Ltd., which in turn subleased the entire premises in favour of respondent no. 1 vide lease deed dated 01.02.2012 and the admitted case of the parties is that from 01.02.2012, the respondent no. 1 is in occupation of the property. The claim of the petitioner is that it is entitled to Rs.7,29,240/on account of lease rent up to 02.12.2019.

4. At the outset, we may note that certain disputes between petitioner and respondent no. 2 are the subject matter of arbitration proceedings and, therefore, we are not commenting on the merits of the same and are confining ourselves to the admitted fact that respondent no. 1 is in possession of the entire premises from 01.02.2012. We may also note that an objection was raised that the sublease in favour of respondent no. 1 is unregistered and insufficiently stamped and, therefore, should be impounded. We feel that this is a matter for the trial court to decide and we have looked into the lease deed only to strike out a balance between the parties and anything said in this order is without prejudice to the rights of the parties with regard to the admissibility of the lease deed in evidence. We make it clear that we have passed this order at the interim stage and any observations made herein are only for passing this interim order and shall not be taken into consideration while deciding the main proceedings which must be decided on the basis of the evidence led before the trial court or the arbitral tribunal.

5. The petitioner claims Rs.7,29,240/as lease rent from 01.02.2012 to 02.12.2019 which amount is not seriously disputed by the respondent no. 1.

6. The petitioner has also claimed a sum of Rs.15 per sq. ft. per month as maintenance charges inclusive of taxes for the 3 office areas measuring 29,445 sq. ft. Reference has been made to clause 5 and 7 of the lease deed, which are reproduced as under:

“V. To bear and pay proportionate share of all kinds of expenses for all periodical repairs for common areas of the said building, Air conditioning, additions, alterations, treatment, polishing, maintaining, rebuilding and cleaning, painting, entrances, common landings corridors, staircases, sewers, drains pipes, electric lines and installation, insurance and other conveniences including annual maintenance charges in respect thereof as may be incurred by the Sub-Lessor, from time to time and such proportionate share together with service tax shall be calculated and apportioned by the Sub-Lessor conclusively and the same shall be binding on the Sub-Lessee.

xxx xxx xxx

VII. It is made clear that the said service and maintenance together with air-conditioning charges as envisaged herein to be provided by the Sub-Lessor to the Sub-Lessee and such charges for the same shall be based upon all kinds of actual proportionate costs, charges and expenses of whatsoever nature plus 20% (twenty percent) management fee to be levied thereon and service tax as may be applicable shall be paid by the Sub-Lessee to the Sub-Lessor during the subsistence of this Sub-Lease and such proportionate share together with service tax shall be calculated and apportioned by the Sub-Lessor conclusively and the same shall be binding on the Sub-Lessee, provided further it is made clear that the Sub-Lessee shall pay aforesaid charges for common services and maintenance as enumerated in the Fifth Schedule as stated hereunder and air-conditioning charges to be provided in the said sub-demised space at the fixed rate of Rs.15/per Sq.ft. for a period of one year from the date of commencement hereof and Sub-Lessor shall give rebate at the rate of Rs. 7/per Sq.ft. out of the said charges of Rs.15/per Sq.ft. for the initial period of two months from the date of commencement and thereafter with effect from 15th November, 2009 until the completion of one year the Sub-Lessee shall pay at the rate of Rs.15/per Sq.ft. per month as stated hereinabove.”

7. The case of the petitioner is that the respondent no.1 has not paid a single rupee as maintenance charges and as per the terms of the lease deed, Rs.15/per sq. ft. was to be paid except for the months of August and September, 2009 for which a rebate of Rs.7 per sq. ft. was to be given, meaning thereby that for these two months only Rs.8/per sq. ft. was to be charged. On the other hand, on behalf of the respondent no. 1 it is claimed that no air-conditioning is being provided to the premises in its possession and, therefore, the rate of Rs.15/per sq. ft. is not payable. Relying upon clause 7 quoted hereinabove, it is contended that the amount of Rs.15/per sq. ft. was payable only for the first year from commencement of the sublease and, thereafter, it was to be paid on actual basis plus 20% as management fees to be levied thereupon and service tax as may be applicable. It is submitted on behalf of the respondent no. 1 that the management never raised invoices on the basis of the actual expenses incurred by it and, therefore, this amount was not paid.

8. We have considered the rival contentions of the parties and we make it clear that we are not deciding this plea on merits. However, we have no doubt in our mind that the sub-lessee cannot claim that no amount is payable by it. It has not paid a single rupee to the petitioner despite occupying the premises for more than 7 years. We cannot appreciate this conduct of the sub-lessee. In a multi-storeyed building of this nature there has to be provision for security guards, cleaning services, lift operators, parking attendants, etc. When the parties had agreed that Rs.15/per sq. ft. per month would be paid in the first year, we can presume that the sub-lessee must have satisfied itself that these are the approximate expenses to be incurred by the petitioner for maintenance of the building. Since air-conditioning has admittedly not been provided by the petitioner, for the purpose of this order, we deem it fit and proper to fix the maintenance charges at 50% of the regular rate by giving a discount of 50% for not providing the air-conditioning, which comes to Rs.7.50 per sq. ft. The maintenance charges payable @7.50 per sq. ft. for 29,445 sq. ft. works out to Rs.2,20,837.50 per month which are rounded of to 2,20,000/per month.

9. Coming to the second claim of electricity charges, the petitioner has claimed minimum demand charges at Rs. 384 per KVA per month plus electricity duty, transmission and distribution losses from the electricity bills placed on record by both the sides. It is not disputed that the entire building has a sanctioned load of 1445 KVA. The sanctioned load in respect of the premises on the 16th floor works out to 266.43 KVA. The contention of the respondent no.1 is that it has hardly used the premises and is only liable to pay the actual charges for the electricity consumed by it. It is also contended that since the petitioner has not raised invoices or produced the bills of actual consumption of the 16th floor, the respondent no.1 is not liable make such payment. We find that the respondent no.1 has placed on record bills of the year 2011 raised by the petitioner in respect of the same premises to the account of Pearl Studios Pvt. Ltd. respondent no. 2 and these bills are for a sum of Rs.76,571/+ Rs.59,706/+ Rs.3,96,855/i. e. total Rs.5,33,132/, for a period of approximately one month. Electricity tariff has not come down and the contention of the respondent no.1 that it is only liable to pay electricity charges at the rate of Rs. 10,000/, cannot be accepted. The area in its possession is almost 30,000 sq. ft. Even if there is no airconditioning, the sanctioned load is 266.43 KVA. According to the bill of 04.11.2019, the demand charges are Rs. 384 per KVA per month. Therefore, at present the minimum demand charges for 266.43 KVA works out to Rs.1,02,309.12. In any event, the respondent no.1 cannot escape its liability has to pay the minimum demand charges. It is contended that earlier demand charges were at a lower rate of Rs. 317 per KVA but we are sure that there may have been some months where the respondent no.1 may have utilised more than the minimum demand and it is liable to pay minimum charges which for the purpose of this order are ascertained at Rs.1,00,000/per month. In addition to the minimum demand charges, some fixed charges are payable to the West Bengal State Electricity Distribution Company Ltd. in addition to the energy consumed charges. Keeping all these factors into consideration we feel that as an interim measure the respondent no.1 shall pay at least Rs.1,10,000/per month on this account.

10. It was also urged on behalf of the respondent no.1 that there were some periods during which the electricity was disconnected and, therefore, it should not be asked to pay any charges for the said period. We are not in agreement with the said submission. The respondent no.1 did not pay a single rupee either on account of lease rent, maintenance charges, electricity charges or other charges and in such event, the petitioner had no option but to disconnect the electricity. We are, therefore, of the view that the High Court clearly misdirected itself in directing restoration of the electricity without ensuring payment of some amount to the petitioner.

11. As far as the claim of the petitioner for other charges including water charges are concerned, we are not passing any order at this stage. We are also not passing any order for payment of interest at this stage. These can be finally determined by the Court which decides the matter. Therefore, the liability only on account of minimum electricity charges of Rs.1,10,000/- per month from 01.02.2012 till 31.01.2020 works out to Rs.1,05,60,000/.

12. In view of the aforesaid discussion we set aside the order of the Calcutta High Court and direct as under:

I. We are of the view that respondent no. 1 must pay the following amounts for the restoration of electricity:

i) Lease Rent of Rs.7,29,240 (for the period from 01.02.2012 to 02.12.2019).

ii) Maintenance charges of Rs.2,11,20,000 (@ Rs.2,20,000 per month from 01.02.2012 to 31.01.2020).

iii) Electricity charges of Rs.1,05,60,000 (@ Rs.1,10,000 per month from 01.02.2012 to 31.01.2020).

II. Out of the total of Rs. 3,24,09,240 payable by respondent no.1, we direct it to pay Rs.1,00,00,000 within one month from today. Responden

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t no.1 shall pay the rest of the amount in three equal instalments of Rs.74,69,746, Rs.74,69,747, and Rs. Rs.74,69,747 to be paid on 15.03.2020, 15.04.2020 and 15.05.2020 respectively. III. In case the respondent no.1 pays the amount of Rs.1,00,00,000/to the petitioner then within 3 days of this payment, the petitioner shall restore the electricity. IV. With respect to the lease rent, electricity charges, maintenance charges and other charges, the petitioner shall raise a bill on or before 10th day of each month. The first such bill shall be raised on 10th March, 2020 and the amount shall be paid by respondent no.1 latest by 20th March, 2020. Even in case of any dispute, it shall deposit a sum of Rs.3,50,000/every month without prejudice to the rights of the parties. The dispute with regard to the remaining amount can be decided in accordance with law. V. The respondent no.1 through its Chief Executive (Authorised Signatory) shall file an affidavit undertaking to comply with the aforesaid direction within 2 weeks from today. VI. If any of these conditions are violated, the petitioner shall be entitled to disconnect the electricity. 13. The petition is disposed of in the aforesaid terms. Pending application(s), if any, stand(s) disposed of.<
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