2. The present suit is filed by the plaintiff for recovery of
Rs.2,58,24,648/- being refund of the available interest-free refundable
security deposit together with interest. A decree of mandatory injunction is
also sought to handover the movables of the plaintiff which, it is stated, have
been illegally detained by the defendant. Alternative relief of Rs.91,05,539/-
by way of damages or compensation is also sought.
CS(COMM) 377/2020 Page 1 of 14
3. Some of the relevant facts are that vide a Lease Deed dated
21.02.2017, the defendant leased to the plaintiff the office premises on the
First Floor and Second Floor at 21, IT Park, Sahastradha Road, Dehradun,
Uttarakhand admeasuring 39,614 sq.ft. super built up area with 22 car
parking slots in the building for nine years from 01.01.2017.
Simultaneously, a Maintenance Agreement was also executed between the
parties which was co-terminus with the Lease Deed for payment of fit out
and maintenance charges for the said premises. As per the lease deed, there
was a lock-in period from 01.01.2017 to 31.12.2022. The plaintiff deposited
with the defendant, an interest free refundable deposit of Rs.1,90,14,720/-
being 12 months rental under the Lease Deed, Rs.1,04,58,096/- being 12
months monthly fit out charges and Rs.57,04,416/- being annual
maintenance charges respectively under the Maintenance Agreement.
Source: Indian Kanoon