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Judgment
Badar Durrez Ahmed, J.
CAV 1005/2013 The learned counsel for the respondent/caveator is present.
The caveat stands discharged.
CM No. 17884/2013
The exemption is allowed subject to all just exceptions.
FAO(OS) No. 511/2013 & CM No. 17883/2013
This appeal is directed against the order dated 30.09.2013 passed by a learned Single Judge of this court in I.A. No. 16249/2012. By that application, the appellant/defendant had sought suspension of the rent for the period December, 2011 to 19.11.2012 when the premises were vacated and handed over to the respondent/plaintiff. The said application was moved in CS(OS) No. 2400/2011 which had been filed by the respondent/plaintiff seeking recovery of possession as also mesne profits and damages.
The learned counsel for the appellant in the opening arguments stated that the rent for the above mentioned period ought to be suspended because the respondent/plaintiff had not cooperated with the appellant by not supplying the Building Structure Stability Certificate, the sanctioned plan and the completion certificate as a result of which the appellant was unable to obtain the Health Trade License which was necessary for the purposes of running a banquet hall. In order to support his argument, the learned counsel for the appellant drew our attention to page 123 which is allegedly a typed copy of a letter dated 15.03.2011 issued by the Municipal Corporation of Delhi, Health Department (West Zone) wherein it is indicated that a number of documents are required and two of them being shown at serial Nos. 5 & 6 are as under:-
Building Structure stability certificate.
Sanctioned plan and completion certificate.
The sum ad substance of the argument of the learned counsel for the appellant was that the banquet hall could not be run because the requisite permissions had not been obtained and in terms of the consent order dated 24.11.2011, the banquet hall could only be run after the appellant had obtained all the requisite statutory permissions. It was contended that the statutory permissions could not be obtained because of the obstructive attitude of the respondent/plaintiff and, in particular, conduct of the said respondent/plaintiff in not supplying the Building Structure Stability Certificate and/or the sanction plan as also the completion certificate.
When we asked the learned counsel for the respondent to respond to these submissions, he handed over to us a photocopy of the document dated 15.03.2011 which was issued by the Municipal Corporation of Delhi, Health Department (West Zone). The photocopy which is marked as ''X'' is taken on record. The scanned image of the said letter is as under:-
It is apparent that serial Nos. 5 & 6 have not been ticked in the said letter as a result the entire foundation and basis of the argument of the learned counsel for the appellant has been knocked aside. In these circumstances, the appeal is dismissed with cost of Rs. 25.000/-.