w w w . L a w y e r S e r v i c e s . i n



Solvex Properties & Services Pvt. Ltd. v/s Marco Polo Restaurants Pvt. Ltd.


Company & Directors' Information:- B G H PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH2000PTC127785

Company & Directors' Information:- K L PROPERTIES PRIVATE LIMITED [Active] CIN = U45200MH2010PTC206964

Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- MARCO PRIVATE LIMITED [Active] CIN = U65990GJ1999PTC035882

Company & Directors' Information:- H J PROPERTIES PVT LTD [Active] CIN = U45202WB1981PTC033681

Company & Directors' Information:- C L N PROPERTIES PRIVATE LIMITED [Active] CIN = U45200KA2008PTC046246

Company & Directors' Information:- S D SOLVEX PRIVATE LIMITED [Active] CIN = U15143PB2013PTC037629

Company & Directors' Information:- S K R PROPERTIES PRIVATE LIMITED [Amalgamated] CIN = U45201HR2003PTC057154

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- D V PROPERTIES PVT LTD [Active] CIN = U45209GJ1988PTC010660

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- B H PROPERTIES PRIVATE LIMITED [Active] CIN = U70101PB1998PTC020905

Company & Directors' Information:- R. H. SOLVEX PRIVATE LIMITED [Active] CIN = U15143MP2010PTC024404

Company & Directors' Information:- S D S PROPERTIES PVT LTD [Active] CIN = U70101AS1997PTC005091

Company & Directors' Information:- A .K . PROPERTIES PRIVATE LIMITED [Active] CIN = U45400WB2007PTC115209

Company & Directors' Information:- J P S PROPERTIES LIMITED [Active] CIN = U45200AP2006PLC049669

Company & Directors' Information:- J G PROPERTIES PVT LTD [Active] CIN = U45201WB1996PTC077695

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- V A S PROPERTIES PRIVATE LIMITED [Active] CIN = U45201DL2006PTC146450

Company & Directors' Information:- C. AND J. PROPERTIES PRIVATE LIMITED [Active] CIN = U70109WB1982PTC035128

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- K P SOLVEX PRIVATE LTD [Active] CIN = U15143MP1983PTC002131

Company & Directors' Information:- V V A PROPERTIES PRIVATE LIMITED [Active] CIN = U45201TN2007PTC063619

Company & Directors' Information:- P. S. K. PROPERTIES PRIVATE LIMITED [Active] CIN = U45400MH2007PTC175842

Company & Directors' Information:- P Z PROPERTIES PRIVATE LIMITED [Active] CIN = U70102MH2010PTC198765

Company & Directors' Information:- A H PROPERTIES PRIVATE LIMITED [Active] CIN = U70101MH2003PTC143019

Company & Directors' Information:- K R SOLVEX PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049403

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- A K D PROPERTIES PRIVATE LIMITED [Active] CIN = U45201WB1997PTC083316

Company & Directors' Information:- S L PROPERTIES LTD. [Not available for efiling] CIN = U70101WB1986PLC040219

Company & Directors' Information:- L D SOLVEX PRIVATE LIMITED [Active] CIN = U15143PB1997PTC019619

Company & Directors' Information:- I E S PROPERTIES LTD [Active] CIN = U70109WB1982PLC035175

Company & Directors' Information:- K L SOLVEX PRIVATE LIMITED [Active] CIN = U15312PB1999PTC022114

Company & Directors' Information:- E. A. PROPERTIES PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164114

Company & Directors' Information:- G & L PROPERTIES PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138314

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- A G M PROPERTIES PRIVATE LIMITED [Active] CIN = U70101DL2008PTC179413

Company & Directors' Information:- S H PROPERTIES PRIVATE LIMITED [Active] CIN = U70100PB2004PTC027766

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- S. A. RESTAURANTS PRIVATE LIMITED [Active] CIN = U55209MH2019PTC324153

Company & Directors' Information:- F & B RESTAURANTS PRIVATE LIMITED [Active] CIN = U55101KL2013PTC034205

Company & Directors' Information:- A.T. PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2003PTC121997

Company & Directors' Information:- O C G PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055648

Company & Directors' Information:- S. A. PROPERTIES PRIVATE LIMITED [Active] CIN = U45201WB2003PTC096528

Company & Directors' Information:- S Y S PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2005PTC136185

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- MARCO POLO PROPERTIES PRIVATE LIMITED [Active] CIN = U45102MH1994PTC082535

Company & Directors' Information:- B P PROPERTIES LIMITED [Strike Off] CIN = U31402WB1978PLC031367

Company & Directors' Information:- N R T PROPERTIES PVT LTD [Active] CIN = U45209WB1991PTC051310

Company & Directors' Information:- R V M PROPERTIES PRIVATE LIMITED [Active] CIN = U70101KL2004PTC017107

Company & Directors' Information:- S S SOLVEX PRIVATE LIMITED [Active] CIN = U15143PB2004PTC026770

Company & Directors' Information:- J S PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1986PTC025742

Company & Directors' Information:- H K L PROPERTIES PVT LTD [Active] CIN = U70102WB1991PTC052688

Company & Directors' Information:- S R G PROPERTIES PRIVATE LIMITED [Active] CIN = U70101DL2004PTC130413

Company & Directors' Information:- J S B PROPERTIES PRIVATE LIMITED [Active] CIN = U70101AS2009PTC009395

Company & Directors' Information:- N K G PROPERTIES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC123972

Company & Directors' Information:- B K PROPERTIES PVT LTD [Strike Off] CIN = U70109WB1988PTC043748

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- N S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC048064

Company & Directors' Information:- S R V PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201TN1981PTC008998

Company & Directors' Information:- P K PROPERTIES PRIVATE LIMITED [Active] CIN = U71101UP1984PTC006699

Company & Directors' Information:- L R PROPERTIES PRIVATE LIMITED [Active] CIN = U67120WB1995PTC073225

Company & Directors' Information:- T P PROPERTIES PRIVATE LIMITED [Active] CIN = U45202OR1996PTC004603

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G B PROPERTIES PVT LTD [Active] CIN = U70101KL1995PTC008571

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- C P PROPERTIES LTD [Not available for efiling] CIN = U70109WB1946PLC013479

Company & Directors' Information:- B E PROPERTIES PVT LTD [Active] CIN = U70101WB1953PTC021293

Company & Directors' Information:- J & K SOLVEX PRIVATE LIMITED [Strike Off] CIN = U24241JK1994PTC001412

Company & Directors' Information:- J P PROPERTIES PRIVATE LIMITED [Active] CIN = U70101WB2004PTC100754

Company & Directors' Information:- A D PROPERTIES PVT LTD [Active] CIN = U70109WB1996PTC080715

Company & Directors' Information:- H & Y PROPERTIES PRIVATE LIMITED [Active] CIN = U45200GJ1992PTC018459

Company & Directors' Information:- D. M. PROPERTIES PRIVATE LIMITED [Active] CIN = U65929DL1997PTC090007

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- V-3 RESTAURANTS PRIVATE LIMITED [Strike Off] CIN = U55201PN2011PTC139234

Company & Directors' Information:- B. D. S. K. PROPERTIES PRIVATE LIMITED [Active] CIN = U70109DL2006PTC154094

Company & Directors' Information:- V D PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101DL1996PTC075938

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- U G PROPERTIES PVT LTD [Strike Off] CIN = U70200WB1995PTC071199

Company & Directors' Information:- R N J PROPERTIES PVT LTD [Active] CIN = U45201WB1967PTC027195

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- MARCO POLO INDIA PRIVATE LIMITED [Active] CIN = U74110DL1990PTC040005

Company & Directors' Information:- C. L. S. PROPERTIES PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136942

Company & Directors' Information:- T. R. PROPERTIES PRIVATE LIMITED [Active] CIN = U45201MP2007PTC019476

Company & Directors' Information:- G T PROPERTIES PVT LTD [Active] CIN = U70101WB1991PTC053807

Company & Directors' Information:- C V P PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101KL1998PTC012178

Company & Directors' Information:- A O V PROPERTIES PRIVATE LIMITED [Active] CIN = U70109DL1997PTC090222

Company & Directors' Information:- K C RESTAURANTS PVT LTD [Active] CIN = U55101CH1990PTC010613

Company & Directors' Information:- R S PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1988PTC033977

Company & Directors' Information:- V S PROPERTIES PVT LTD [Active] CIN = U65910WB1987PTC041881

Company & Directors' Information:- S P PROPERTIES PVT LTD [Converted to LLP and Dissolved] CIN = U70101WB1987PTC041860

Company & Directors' Information:- J C PROPERTIES PVT LTD [Active] CIN = U70101WB1993PTC059379

Company & Directors' Information:- O K PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101HR1997PTC033560

Company & Directors' Information:- U P PROPERTIES PVT LTD [Active] CIN = U70101WB1986PTC041260

Company & Directors' Information:- P N PROPERTIES PRIVATE LIMITED [Active] CIN = U45200WB2007PTC113489

Company & Directors' Information:- P N S PROPERTIES PRIVATE LIMITED [Active] CIN = U70101WB2005PTC102974

Company & Directors' Information:- S V PROPERTIES PRIVATE LIMITED [Active] CIN = U45202WB1999PTC090204

Company & Directors' Information:- J V D PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH2005PTC151687

Company & Directors' Information:- D R P PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45200WB2007PTC113788

Company & Directors' Information:- D B R PROPERTIES PVT LTD [Amalgamated] CIN = U70101MH1982PTC027347

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- G M PROPERTIES PVT LTD [Active] CIN = U70101WB1986PTC040953

Company & Directors' Information:- D L K PROPERTIES PRIVATE LIMITED [Active] CIN = U70101WB1997PTC083510

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- H R PROPERTIES PRIVATE LIMITED [Active] CIN = U70101BR1975PTC001212

Company & Directors' Information:- S B PROPERTIES PVT LTD [Active] CIN = U70101WB1972PTC028536

Company & Directors' Information:- P B V PROPERTIES LIMITED [Active] CIN = U70101UP1999PLC024479

Company & Directors' Information:- P AND P PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201GJ1987PTC009915

Company & Directors' Information:- S M PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049871

Company & Directors' Information:- G & G. PROPERTIES PVT LTD [Strike Off] CIN = U70101WB1982PTC035176

Company & Directors' Information:- B R RESTAURANTS PRIVATE LIMITED [Active] CIN = U55101MH2004PTC148197

Company & Directors' Information:- P H PROPERTIES PRIVATE LIMITED [Active] CIN = U70101RJ2001PTC017154

Company & Directors' Information:- MARCO POLO RESTAURANTS PRIVATE LIMITED [Active] CIN = U55201WB2001PTC093306

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- M & S RESTAURANTS PRIVATE LIMITED [Active] CIN = U55101CH2010PTC032267

Company & Directors' Information:- S M P PROPERTIES PVT LTD [Active] CIN = U70103WB1987PTC042904

Company & Directors' Information:- D C PROPERTIES PRIVATE LIMITED [Active] CIN = U70101WB1981PTC034201

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- V L B PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201TZ1997PTC008214

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- F K PROPERTIES PVT LTD [Active] CIN = U70101WB1971PTC027967

Company & Directors' Information:- N S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U55101UP1990PTC011853

Company & Directors' Information:- R B B A PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45200MH1975PTC018584

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- V V C PROPERTIES PRIVATE LIMITED [Active] CIN = U70109WB2009PTC139119

Company & Directors' Information:- B F I PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101WB1998PTC086405

Company & Directors' Information:- R G R PROPERTIES (P) LTD. [Strike Off] CIN = U45201AP1998PTC028909

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- S AND V PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH1979PTC021688

Company & Directors' Information:- S A M PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH2000PTC127137

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- U P RESTAURANTS PRIVATE LIMITED [Strike Off] CIN = U55101UP2009PTC039108

Company & Directors' Information:- F. M. J. PROPERTIES PRIVATE LIMITED [Active] CIN = U70200WB2009PTC139337

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- R. L. PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101WB2007PTC119672

Company & Directors' Information:- B D PROPERTIES PRIVATE LIMITED [Amalgamated] CIN = U45201WB1998PTC086571

Company & Directors' Information:- J. K. M. PROPERTIES PVT. LTD. [Strike Off] CIN = U65921WB1995PTC069406

Company & Directors' Information:- J V S PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049096

Company & Directors' Information:- S S P PROPERTIES PVT LTD [Strike Off] CIN = U17111DL1981PTC011835

Company & Directors' Information:- S T PROPERTIES PRIVATE LIMITED [Active] CIN = U70200DL2009PTC195208

Company & Directors' Information:- A P PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC065176

Company & Directors' Information:- H A PROPERTIES PRIVATE LIMITED [Active] CIN = U70101DL1997PTC089386

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- R M M PROPERTIES INDIA PRIVATE LIMITED [Active] CIN = U70200KL2008PTC022190

Company & Directors' Information:- C G N PROPERTIES PRIVATE LIMITED [Active] CIN = U70109KA2020PTC136406

Company & Directors' Information:- M R S PROPERTIES PVT LTD [Strike Off] CIN = U45201WB1996PTC076312

Company & Directors' Information:- H D PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201PB1996PTC018635

Company & Directors' Information:- H M K PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101KA1986PTC007702

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- P AND G PROPERTIES PVT. LTD. [Strike Off] CIN = U70102KL1993PTC007599

Company & Directors' Information:- G D PROPERTIES PRIVATE LIMITED [Amalgamated] CIN = U70101WB1986PTC040204

Company & Directors' Information:- R T G PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH2005PTC150867

Company & Directors' Information:- T C G PROPERTIES PRIVATE LIMITED [Active] CIN = U70101MH2004PTC147663

Company & Directors' Information:- P C PROPERTIES LTD [Converted to LLP] CIN = U45202WB1980PLC032659

Company & Directors' Information:- L. J. RESTAURANTS PRIVATE LIMITED [Active] CIN = U55204MH2011PTC212206

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- K M PROPERTIES LIMITED [Active] CIN = U70100MH2005PLC155804

Company & Directors' Information:- C. M. PROPERTIES PRIVATE LIMITED [Active] CIN = U45400WB2009PTC137777

Company & Directors' Information:- R S PROPERTIES PVT LTD [Active] CIN = U45201CH1985PTC006088

Company & Directors' Information:- H K PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050561

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- N D PROPERTIES PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045146

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- M K PROPERTIES PVT LTD [Active] CIN = U00000DL1980PTC010834

Company & Directors' Information:- N K PROPERTIES PVT LTD [Active] CIN = U70101WB1980PTC032914

Company & Directors' Information:- J R M PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048025

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- K H PROPERTIES PVT LTD [Active] CIN = U70109WB1962PTC025670

Company & Directors' Information:- B & P PROPERTIES PVT LTD [Strike Off] CIN = U51109WB1993PTC057387

Company & Directors' Information:- D P A PROPERTIES PVT LTD [Strike Off] CIN = U70109WB1985PTC038565

Company & Directors' Information:- G S PROPERTIES PVT LTD [Strike Off] CIN = U70109WB1988PTC044120

Company & Directors' Information:- J J PROPERTIES PVT LTD [Strike Off] CIN = U70109WB1989PTC046392

Company & Directors' Information:- I M PROPERTIES PVT LTD [Strike Off] CIN = U70101WB1984PTC037692

Company & Directors' Information:- K N PROPERTIES PVT LTD [Strike Off] CIN = U45203WB1981PTC033390

Company & Directors' Information:- B B PROPERTIES PVT LTD [Strike Off] CIN = U70101WB1986PTC040549

Company & Directors' Information:- K K PROPERTIES PVT LTD [Active] CIN = U70102WB1981PTC033840

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- S M PROPERTIES PVT LTD [Active] CIN = U70101WB1980PTC033230

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- B A PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U45202DL2002PTC113693

Company & Directors' Information:- A D R PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45200MH2005PTC154791

Company & Directors' Information:- G K S PROPERTIES PRIVATE LIMITED [Active] CIN = U70101TN2007PTC063821

Company & Directors' Information:- K T M PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45200TN2007PTC063457

Company & Directors' Information:- M S R R PROPERTIES PRIVATE LIMITED [Active] CIN = U70102TG2007PTC052608

Company & Directors' Information:- M S K S R PROPERTIES PRIVATE LIMITED [Active] CIN = U70102TG2007PTC052609

Company & Directors' Information:- M K C PROPERTIES PRIVATE LIMITED [Active] CIN = U45200TG2007PTC052625

Company & Directors' Information:- R B PROPERTIES PVT LTD [Active] CIN = U70109WB1993PTC057757

Company & Directors' Information:- D K PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U45400WB2008PTC122677

Company & Directors' Information:- A A J PROPERTIES PRIVATE LIMITED [Active] CIN = U45400DL2012PTC233564

Company & Directors' Information:- M K S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U74140DL2011PTC221973

Company & Directors' Information:- D .K .M PROPERTIES PRIVATE LIMITED [Active] CIN = U70101DL1998PTC096603

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- L M PROPERTIES PVT LTD [Strike Off] CIN = U70101DL1988PTC032529

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- H S B PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U55101CH1997PTC020272

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- S K G PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201DL1992PTC051511

Company & Directors' Information:- T V R PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70102TG1998PTC030282

Company & Directors' Information:- R M PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201DL1992PTC051504

Company & Directors' Information:- R PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101OR2009PTC011302

Company & Directors' Information:- M M PROPERTIES PRIVATE LIMITED [Active] CIN = U70101WB1987PTC042780

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- T M PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC027196

Company & Directors' Information:- N K PROPERTIES PVT LTD [Active] CIN = U45201WB1980PTC032658

Company & Directors' Information:- D T PROPERTIES PVT LTD [Active] CIN = U25201WB1984PTC037089

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- M V PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC027201

Company & Directors' Information:- T N PROPERTIES PRIVATE LIMITED [Active] CIN = U70101DL1998PTC092174

Company & Directors' Information:- J AND T PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC145335

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- B T PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059215

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- K C F PROPERTIES PRIVATE LIMITED [Active] CIN = U45205KA2013PTC071614

Company & Directors' Information:- S D PROPERTIES PVT LTD [Strike Off] CIN = U70101RJ1972PTC001424

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- U AND I PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70100DL1996PTC077184

Company & Directors' Information:- B B PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101DL1986PTC023185

Company & Directors' Information:- S. N. G PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101PB1995PTC016841

Company & Directors' Information:- R P PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70109PB2012PTC036646

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- J A V PROPERTIES PRIVATE LIMITED [Active] CIN = U45200MH2007PTC167896

Company & Directors' Information:- A R R PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70109MH2005PTC156953

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- S S H PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH1954PTC009391

Company & Directors' Information:- A P K PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70100MH2004PTC149481

Company & Directors' Information:- U N PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH2012PTC238590

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- J M PROPERTIES PVT LTD [Under Process of Striking Off] CIN = U70101WB1991PTC053451

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- G S M PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U45201CH2007PTC030888

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- R F PROPERTIES PRIVATE LIMITED [Active] CIN = U45400DL2016PTC289595

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- G S G PROPERTIES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC123810

Company & Directors' Information:- S K S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC127413

Company & Directors' Information:- R R S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC128027

Company & Directors' Information:- B V M PROPERTIES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131351

Company & Directors' Information:- A K B PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2005PTC133513

Company & Directors' Information:- V K P K PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC140444

Company & Directors' Information:- A N C PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70200DL2008PTC185925

Company & Directors' Information:- H K B PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70200DL2009PTC187804

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- V W PROPERTIES PRIVATE LIMITED [Amalgamated] CIN = U74899DL1995PTC073056

Company & Directors' Information:- D AND A PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45102DL2000PTC105913

Company & Directors' Information:- B L I PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45200DL2009PTC186275

Company & Directors' Information:- M G S T PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70100DL2010PTC201236

Company & Directors' Information:- G N D PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70100DL2009PTC193471

Company & Directors' Information:- H K K PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101DL2009PTC187811

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- R R Y PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70102AP2010PTC070955

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- K U PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70102HR2007PTC037081

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- R Z PROPERTIES PRIVATE LIMITED [Active] CIN = U45200KA2012PTC064102

Company & Directors' Information:- B & O PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101KA2009PTC051248

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- D R PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201GJ1988PTC010457

Company & Directors' Information:- V C G PROPERTIES PRIVATE LIMITED [Active] CIN = U70102KL2007PTC021404

Company & Directors' Information:- K A I PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45200KL2008PTC022445

Company & Directors' Information:- V P R PROPERTIES PRIVATE LIMITED [Active] CIN = U70100KL2008PTC021996

Company & Directors' Information:- K J N PROPERTIES PRIVATE LIMITED [Active] CIN = U45201KL2008PTC022050

Company & Directors' Information:- H AND L PROPERTIES PRIVATE LIMITED [Active] CIN = U45209GJ2005PTC046779

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- V C G PROPERTIES PRIVATE LIMITED [Active] CIN = U74110KL2007PTC021404

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- L M R PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101DL1984PTC018347

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- S S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101DL1988PTC031003

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- K R PROPERTIES PVT LTD [Strike Off] CIN = U70109WB1987PTC042694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- S V L PROPERTIES PVT LTD [Strike Off] CIN = U99999MH1982PTC026121

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- J R PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U70100MH2005PTC150374

Company & Directors' Information:- M H R PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70102TG2007PTC053090

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

Company & Directors' Information:- R J PROPERTIES PVT LTD [Strike Off] CIN = U70101DL1992PTC051469

Company & Directors' Information:- M. K. R. PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048514

    GA. No. 02 of 2020 & CS. No. 32 of 2016

    Decided On, 08 January 2021

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MR. JUSTICE DEBANGSU BASAK

    For the Appellant: Jishnu Saha, Sr. Advocate, Emon Bhattacharya, Ishan Saha, Advocates. For the Respondent: Reetobrata Mitra, Advocate.



Judgment Text

1. In a suit for recovery of money from the defendant, on the basis of a written contract, the plaintiff has sought for relief under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908.2. Learned Senior Advocate appearing for the plaintiff has submitted that, the defendant was a lessee in respect of an immovable property. The lease of the defendant is governed by the lease agreement dated April 22, 2004 entered into between the lessors and the defendant. The lessors had terminated the lease of the defendant and filed a suit for recovery eviction. In the suit for eviction, the Court had passed an Order dated August 27, 2014 requiring the defendant to pay occupation charges month by month. He has submitted that, the defendant is in breach of such order.3. Learned Senior Advocate appearing for the plaintiff has submitted that, the plaintiff herein is the service provider of the building. The plaintiff and the defendant entered into a service agreement dated April 22, 2004. He has drawn the attention of the Court to Clauses 1 to 10 of the service agreement and submitted that, the defendant is obliged to pay the rates, taxes and surcharges in respect of the immovable property concerned to the plaintiff. The plaintiff had paid the same to the lessors. It is the obligation of the defendant, on a true and proper construction of the service agreement dated April 22, 2004, that the defendant is required to pay the same to the plaintiff. The defendant has not been paying the same for a considerable period of time. A sum in excess of Rs. 1.90 crores has become due and payable by the defendant to the plaintiff on such account. On investigation of the assets available to the defendant, the plaintiff has learnt that, the defendant has no tangible assets. There is only one bank account existing in favour of the defendant which does not contain adequate amount to cover the eventual decree that the defendant is likely to suffer in the instant suit.4. Learned Senior Advocate appearing for the plaintiff has submitted that, although, an application under Chapter XIIIA of the Original Side Rules was not allowed by the Hon’ble Court, the plaintiff is entitled to relief under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 as the defendant has no asset to satisfy the eventual decree that may be passed in favour of the plaintiff. He has relied upon All India Reporter 1951 Cal page 156 (Premraj Mundra v. Md. Maneck Gazi & Ors.) in support of his contentions.5. Learned Advocate appearing for the defendant has submitted that, the reliefs sought for by the plaintiff in the interim application under consideration are beyond the scope of the suit. He has drawn the attention of the Court to the prayers made in the plaint. He has submitted that, the claim of the plaintiff is for a sum of Rs. 40 lakhs and odd in the prayers of the plaint. In the interim application, the plaintiff has sought relief with regard to a sum in excess of Rs. 1.90 lakhs. According to him, the claim of the plaintiff made in this application is beyond the prayers of the plaint.6. Learned Advocate appearing for the defendant has drawn the attention of the Court to various clauses of the service agreement dated April 22, 2004 and in particular to clause 15 thereof. Referring to the correspondence between the parties, he has submitted that, the plaintiff had stopped providing any service to the defendant. He has submitted that, it was the obligation of the defendant to provide services to the defendant. The plaintiff having failed to do so, the defendant is not liable to pay any service charges to the plaintiff. According to him, the defendant had paid for the services received. He has submitted that, Clause 2 of the service agreement dated April 22, 2004 has not foisted any liability on the defendant to pay the municipal taxes. The defendant cannot be said to be a precarious financial position so as not to pay its liability. In fact, there is no liability of the defendant to pay the service charges as the plaintiff did not provide any services to the defendant. He has relied upon All India Reporter 1974 Supreme Court page 1265 (Union of India v. Raman Iron Foundry) in support of the contention that, an order for security need not be passed when the claim is on account of damages.7. In answer to a query from the Court learned Advocate for the defendant has submitted that, the defendant has been complying with the order dated August 27, 2014 and has been making over cheques drawn in favour of the landlord and submitting such cheque with the landlord from time to time. The landlord may or may not have presented such cheques for encashment. However, the defendant had tendered rent to the landlord, in terms of the order of the Court.8. As has been noted, the present application is under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 is as follows :-“Rule 5. Where 1908 Where defendant may be called upon to furnish security for production of property.-(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him.(a) is about to dispose of the whole or any part of his property, or(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court, the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy, the decree, or to appear and show cause why he should not furnish security.(2) The plaintiff shall, unless the Court otherwise directs specify the property required to be attached and the estimated value thereof.(3) The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule such attachment shall be void.”9. Premraj Mundra (supra) has considered the provisions of Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 and held as follows :-10. From a perusal of all the authorities, I think that the following guiding principles can be deduced :(1) That an order under Order 38, Rules 5 & 6, can only be issued, if circumstances exist as are stated therein.(2) Whether such circumstances exist is a question of fact that must be proved to the satisfaction of the Court.(3) That the Court would not be justified in issuing an order for attachment before judgment, or for security, merely because it thinks that no harm would be done thereby or that the defts. would not be prejudiced.(4) That the affidavits in support of the contentions of the applicant, must not be vague, & must be properly verified. Where it is affirmed true to knowledge or information or belief, it must be stated as to which portion is true to knowledge, the source of information should be disclosed, & the grounds for belief should be stated.(5) That a mere allegation that the deft. was selling off & his properties is not sufficient. Particulars must be stated.(6) There is no rule that transactions before suit cannot be taken into consideration, but the object of attachment before judgment must be to prevent future transfer or alienation.(7) Where only a small portion of the property belonging to the deft. is being disposed of, no inference can be drawn in the absence of other circumstances that the alienation is necessarily to defraud or delay the pltf's claim.(8) That the mere fact of transfer is not enough, since nobody can be prevented from dealing with his properties simply because a suit has been filed: There must be additional circumstances to show that the transfer is with an intention to delay or defeat the pltf.'s claim. It is open to the Court to look to the conduct of the parties immediately before suit, & to examine the surrounding circumstances, & to draw an inference as to whether the deft. is about to dispose of the property, & if so, with what intention. The Court is entitled to consider the nature of the claim & the defence put forward.(9) The fact that the deft. is in insolvent circumstances or in acute financial embarrassment, is a relevant circumstance, but not by itself sufficient.(10) That in the case of running businesses, the strictest caution is necessary & the mere fact that a business has been closed, or that its turnover has diminished, is not enough.(11) Where however the deft. starts disposing of his properties one by one, immediately upon getting a notice of the pltf.'s claim, &/or where he had transferred the major portion of his properties shortly prior to the institution of the suit & was in an embarrassed financial condition, these were grounds from which an inference could be legitimately drawn that the object of the deft. was to delay and defeat the pltfs'. claim.(12) Mere removal of properties outside jurisdiction, is not enough, but where the deft. with notice of the pltfs'. claim, suddenly begins removal of his properties outside the jurisdiction of the appropriate Court, & without any other satisfactory reason, an adverse inference may be drawn against the deft. Where the removal is to a foreign country, the inference is greatly strengthened.(13) The deft. in a suit is under no liability to take any special care in administering his affairs, simply because there is a claim pending against him. Mere negect, or suffering execution by other creditors, is not a sufficient reason for an order under Order 38 of the Code.(14) The sale of properties at a gross undervalue, or benami transfers, are always good indications of an intention to defeat the pltf's. claim. The Court must however be very cautious about the evidence on these points & not rely on vague allegations.10. The plaintiff has relied upon the service agreement dated April 22, 2004 in support of its contention that, the defendant is liable to pay the municipal rates, taxes and surcharges which the defendant is not paying. In particular, the plaintiff has relied upon Clause 2 of the service agreement.11. Clause 2 of the service agreement is as follows :-“2. The Service Contractor shall pay and/or cause the Lessors to pay all lawful existing and future municipal and all other rates, taxes, surcharges, cesses, assessments and outgoings and any increases thereof (including any interest or penalty arising out of nonpayment or delay in payment thereof) payable to any government, statutory or local authority or other service providers in respect of the demised space and whether the same be levied on or payable by the Lessors or the Lessee PROVIDED that any new impositions not presently payable, shall be paid by whosoever is liable to pay.”12. Clause 2 of the service agreement has cast an obligation upon the plaintiff as the service contractor to pay all lawful existing and future municipal rates, taxes and surcharges. It has also permitted the plaintiff to cause the lessors to pay the municipal rates, taxes and surcharges. The plaintiff has claimed that the defendant is not paying the lawful municipal rates, taxes and surcharges. The plaintiff has relied upon a schedule which the plaintiff claims is the amount due and payable by the defendant on account of municipal rates, taxes and surcharges along with interest thereon. The plaintiff has however not produced any document to establish that the plaintiff has paid such amount to the lessee or to the Kolkata Municipal Corporation. The plaintiff has not produced any document to establish that, municipal rates, taxes and surcharges remains unpaid in respect of the area under occupation of the defendant.13. The defendant has denied its liability to pay any amount to the plaintiff under the service agreement. Under the service agreement, any services that the plaintiff provides to the defendant, is payable additionally by the defendant upon the plaintiff raising a bill in respect thereof. The plaintiff has not produced any document to establish that, any bills raised by the plaintiff on the defendant on such score has remained unpaid. Moreover, the plaintiff has by a letter dated May 16, 2013 stated that, the plaintiff shall stop all services to the defendant on and from the month of June, 2013. The plaintiff, has not produced any document to establish that, the plaintiff had provided services subsequent to June, 2013 to the defendant and that, the plaintiff raised bills on the defendant for such purpose and that such bills remain unpaid.14. In Raman Iron Foundry (supra), the Supreme Court has considered a claim for damages in an arbitration proceedings governed by the Arbitration Act, 1940. It has held that, a claim for damages for breach of contract is not a claim for a sum pr

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esently due and payable.15. In the suit for eviction filed by the landlord, being CS No. 221 of 2013, the landlord had failed to secure a decree for eviction under Chapter XIIIA of the Original Side Rules against the defendant. The Division Bench by the judgement and order dated August 23, 2017 had disallowed the application of the landlord for such purpose. As on date, the defendant is contesting two suits namely, a suit for eviction and the present suit. At the interim stage, I am not in a position to quantify the amount due and payable by the defendant to the plaintiff. There are no bills of the plaintiff that are outstanding. At least none has been produced. The issue as to the quantum of municipal rates, taxes and surcharges that the defendant is liable to pay, if any, requires consideration and in my view, should best be decided at trial. At this stage, the claims of the plaintiff lacks sufficient clarity for the Court to embark on an investigation under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 at the invitation of the plaintiff.16. Since there are issues as to the quantum of claim, if any, of the plaintiff in the suit, it would not be appropriate to invoke provisions of Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 in favour of the plaintiff.17. In such circumstances, the application of the plaintiff being IA GA No. 2 of 2020 in CS No. 32 of 2016 fails. There will be no order as to costs.
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