Sanjeev Mittal v. M/S Tirupati Infraprojects Pvt Ltd & Anr

RAJIV SAHAI ENDLAW, J. MARCH 04, 2014. Bs

(Corrected and released on 12.03.2014)

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 4th March, 2014. + CS(OS) 2638/2013 & IA No.20999/2013 (u/O 39 R-1&2) & IA No.3945/2014 (u/O 1 R-10) & IA No.3946/2014 (u/O 39 R-1&2) SANJEEV MITTAL ..... Plaintiff Through: Mr. Rajat Wadhwa with Ms. Chiral Dugar, Ms. Sonakshi Awasthi and Mr. Honey Jain, Advs. Versus M/S TIRUPATI INFRAPROJECTS PVT. LTD. & ANR ........ Defendants Through: Mr. Rajiv Aneja with Mr. Asit Tewari, Advs. for D-1&2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The plaintiff has instituted this suit for permanent injunction, pleading: (i) that the defendant No.1 Company of which the defendant No.2 Mr. Adarsh Mohan is the Director, is the owner of Shopping Mall/Complex D Mall at Plot No.D, District Centre, Outer Ring Road, Paschim Vihar, New Delhi-110063; (ii) that the plaintiff is engaged in the business of running liquor shop in and around Delhi and had approached the defendants for taking two showrooms/shops on the ground floor of the said Mall on lease and the defendants had issued an "Exclusive No Objection Certificate" dated 10th April, 2011 to the plaintiff certifying that the plaintiff will be given exclusive right for opening of wine and beer shop under license issued by the Department of Excise, Government of Delhi and further gave him an assurance that the defendants would not give any permission of opening another wine and beer shop in the said Mall under any license whatsoever to anyone else in future; (iii) that the plaintiff took the aforesaid two shops on rent on the aforesaid assurance and entered into a Lease Deed dated 18th April, 2011 with the defendant No.1 with respect to shops No.8 & 9 for the period starting from 15th June, 2011 till 14th June, 2020 with a lock-in period of 24 months; (iv) that the plaintiff was asked to pay a higher rent amount than the normal rate in the said Mall owing to being conferred an exclusive right as aforesaid; (v) that the defendant No.1 Company, after letting aforesaid shops to the plaintiff, sold shop No.8 to one Mr. Om Prakash (not a party to the suit) and the plaintiff has thereafter entered into a registered Lease Deed with the said Mr. Om Prakash with respect to the said shop; (vi) that the defendant No.1 also sold shop No.9 to one Mr. Jagdish Ahuja and Mrs. Simmi Ahuja (not parties to the suit) and the plaintiff has entered into a registered Lease Deed with respect to shop No.9 with the said Mr. Jagdish Ahuja and Mrs. Simmi Ahuja; (vii) that the plaintiff in October, 2013 learnt that the defendants were negotiating with third parties having interest in opening liquor shop in the said Mall in violation of the "Exclusive No Objection Certificate" dated 10th April, 2011 issued to the plaintiff. Hence, the suit for injunction to restrain the defendants from selling, letting, assigning or parting with possession of any showroom/shop for the purpose of opening and operating wine and beer/liquor shop in the Mall aforesaid. 2. Summons of the suit were issued to the defendants and though no ex- parte ad-interim relief as sought by the plaintiff, granted but it was ordered that the action taken by the defendants shall be subject to further orders in the suit and application. 3. However, after the defendants appeared before this Court, vide ad- interim order dated 5th February, 2014, the defendants were directed to maintain status quo with regard to opening of another wine and beer/liquor shop in the Mall. 4. The plaintiff thereafter filed I.A. No.3945/2014 to implead M/s. HBN Dairies & Allied Ltd. as a party to the present suit, contending that the defendants, to defeat the interim orders in this suit against them have transferred a shop in the Mall to the said M/s. HBN Dairies & Allied Ltd., which is a sister concern of the defendant No.1 Company with the defendant No.1 Company and the said M/s. HBN Dairies & Allied Ltd. are having common Directors, together with I.A. No.3946/2014 to restrain the said M/s. HBN Dairies & Allied Ltd. also fr