Infinity Infotech Parks Limited vs Shiva Jute Mills Private Limited through Chief Executive (Authorised Signatory) & Anr.

Court

Supreme Court of India

Date

7 February 2020

Case No.

Special Leave Petition (Civil) No. 21341 of 2019

Result

Disposed

Bench

Deepak Gupta, Aniruddha Bose

Citation

[2020] 2 S.C.R. 625 : 2020 INSC 152

Headnote

Lease:

Sub-Lease – Non payment of lease rent, maintenance charges, electricity charges and other charges, by sub-lessee – Disconnection of electricity of the premises of sub-lessee by the lessee – High Court directed restoration of electricity – Appeal to Supreme Court – Held: The sub-lessee did not pay a single rupee on any account, hence the lessee had no option but to disconnect the electricity – High Court’s order directing restoration of electricity without requiring the sub-lessee to pay the requisite charges was without jurisdiction - Sub-lessee directed to pay certain amount towards lease rent, maintenance charges and electricity charges for resotration of electricity – Petition disposed of.

The Order of the Court was passed by DEEPAK GUPTA, J. 1. This petition is directed against the order passed by the High Court of Calcutta dated 31.07.2019 in C.O. No.541 of 2019 whereby it allowed the petition of the respondent no. 1 herein and directed the petitioner herein to restore the electricity of the property occupied by the respondent no.1 herein. 2. The grievance of the petitioner is that the respondent no. 1 who is occupying the 16thfloor of the building in question comprising about 29,445 sq. ft., has not paid a single rupee on account of lease rent, maintenance charges, electri

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