Brief Details of Parties
Brief Details of Parties
Brief Details of Parties
DETAILS OF PARTIES:
1. Name of applicant:
Oil and Natural Gas Corporation Ltd.
(A Public Limited Company; a Maharatna Government Undertaking)
DETAILS OF DISPUTE:
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.
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.
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.
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.