BRIEF

DETAILS OF PARTIES:

1. Name of applicant:
Oil and Natural Gas Corporation Ltd.
(A Public Limited Company; a Maharatna Government Undertaking)

2. Name of opposite party:

A. Mr. Jeet Chhibber

B. Ms. Anuradha Midha

DETAILS OF DISPUTE:

1. Nature of dispute as per section 2 (1)(c) of the Commercial Courts Act

2015 (4 of 2016):
Section 2(1)(c)(vii) Commercial Courts Act, 2015-agreements relating to
immovable property used exclusively in trade or commerce;.

2. Quantum of claim:
RS. 24,15,845/- (RUPEES TWENTY FOUR LAKHS FIFTEEN
THOUSAND EIGHT HUNDRED FORTY FIVE ONLY) along with
pendent lite and future interest at the rate of 2% per month w.e.f. the date of
filing of the present proceedings till the date of realization of the payment.

3. Territorial jurisdiction of the competent court:

Patiala House Court, (New Delhi), New Delhi.

KEY POINTS:-

1.) That the present proceeding is being filed by the Plaintiff seeking refund
of security deposit, along with cost, pendent lite and future interest,
illegally and malafidely held back by the Defendants/ landlords despite
vacation of the Leased premises by the Plaintiff on 30.09.2016.
2.) That the Defendants are the landlords of property being flat no. 1008,
situated at 10th Floor of Kailash Building, 26-Kasturba Gandhi Marg,
New Delhi having a covered area of ___ sq. ft. (hereinafter referred to as
the “Leased Premises”).

3.) The security deposit paid by the Plaintiff to the Defendants with respect
to the Leased Premises stands at Rs. 13,48,128/- (hereinafter referred to
as the “Security Deposit”).
4.) The landlords of the other 4 flats have still not refunded/ repaid the
Security Deposit held by them, despite repeated requests and demands,
despite the fact that the Plaintiff has already fulfilled all its obligations
under the lease. However, it is to be noted that the landlord of flat no.
1012, 10th Floor, Kailash Building, KG Marg, New Delhi-110001 has
already refunded the security deposit to the Plaintiff held by them with
respect to the said flat no. 1012.
5.) That, it is not out of place to mention here that with effect from 2008,
upon the request of the Defendants, the Plaintiff, along with payment of
rent and other charges, also undertook to reimburse the Defendants for
the service tax paid by them with respect to the Leased Premises
6.) That vide Letter dated 01.07.2016 the Plaintiff gave Notice to the
Defendants for vacation of the Leased Premises on 30.09.2016, and the
Leased Premises was handed over to the Defendants in good and proper
condition.

7.) That letter dated 27.09.2016 was sent by Plaintiff to Defendants

intimating that the vacant possession of the Leased Premises will be
handed over to the Defendants on 30.09.2016 in good and proper
condition. The Defendants were also notified that all dues have been
 cleared. Vide the said letter, the Plaintiff also requested for the refund of
the Security Deposit.
8.) That, accordingly, the vacant, physical, peaceful possession of the Leased
Premises was handed over by the Plaintiff to the Defendants on
30.09.2016. The Defendants replied to the aforesaid letter vide their letter
dated 10.10.2016 and requested the Plaintiff to fulfill certain conditions.
After which, letter dated 17.11.2016 was written by Plaintiff to the
Defendants, giving notice of vacation of the Leased Premises on
30.06.2016 in good and proper condition and seeking consent of the
Defendants to restore the Leased Premises, as per the desire of the
Defendants. Accordingly, at the request of the Defendants, the Plaintiff,
without prejudice to its rights and contentions, agreed to restore the
Leased Premises and carry out such changes as suggested by the
Defendants, at its own cost. However, the Defendants without paying
heed to the said letter dated 17.11.2016 again wrote a letter dated
25.11.2016 to the Plaintiff seeking fulfillment of the same conditions as
set out in their earlier letter dated 10.10.2016. Finally after completing the
said job in the Leased Premises, vide letter dated 17.04.2017, the Plaintiff
handed over the keys of the vacant Leased Premises to the Defendants
and once again requested them to refund the Security Deposit.

9.) That the Defendants duly acknowledged the receipt of the keys of the
vacant Leased premises vide receiving dated 17.04.2017.

10.) That, although the Plaintiff was under no obligation to apply for a
fresh electricity connection, in the name of the Defendants, but solely at
the request of Defendants and out of good faith and keeping in view the
good relations between the parties, the Plaintiff, without prejudice,
applied for a new electricity connection on behalf of the Defendants on
 24.04.2017. The Plaintiff had no liability to do so and it was the sole
responsibility of the Defendants to apply for a new electricity connection
and follow up with the concerned authorities regarding the same.

11.) That thereafter, vide letters dated 16.11.2017 and 16.01.2018 were
written by the Plaintiff to the Defendants, whereby the Plaintiff sought
refund of the Security Deposit from the Defendants. The Defendants
neither preferred any reply to the said letters of the Plaintiff nor refunded
the Security Deposit held by them to the Plaintiff. After which the
Plaintiff issued a final reminder dated 29.08.2018 to the Defendants
seeking refund of the Security Deposit. The Defendants did not reply to
the said letter also.

12.) That the Defendants have not refunded the security deposit of the
Plaintiff till date despite the Plaintiff fulfilling all its obligations

1. That as per the relevant clauses of the Lease Deed dated 30.05.1997, the
Plaintiff is entitled to pendent lite and future interest upon the Security
Deposit at the rate of 2% per month w.e.f. 30.09.2016, i.e. from the date of
vacation of the Leased premises till the date of refund of the Security
Deposit by the Defendants.

2. That now the following amount is due and payable by the Defendants to the
Plaintiff, which the Defendants have miserably failed and neglected to pay
the Plaintiff despite repeated requests and demands.

A. Amount of the Security Deposit- Rs. 13,48,128/-

B. Interest on the said Security Deposit from

30.09.2016 till the date of filing of the present
 proceeding, at the rate of 2% per month. Rs. 10,67,717/-

Total Rs. 24,15,845/-

3. That over and above the said amount of Rs. 24,15,845/-, the Defendants are
also jointly and severally bound and liable to pay to the Plaintiff interest at
the rate of 2% p.m. from the date of filing of the proceeding till the
realization of the said amount.