Ld. Counsel for
plaintiffs has also argued that the defendant be directed to deposit rent of
Rs. 1,35,000/- for the month of March 2020 and mesne profits as Rs. 3,00,000/-
per month from April 2020 till the decision of the suit.
On the other hand, Ld.
Counsel for defendant has argued that security amount of Rs. 4,50,000/- is
deposited with the plaintiffs and due to outbreak of pandemic COVID-19, due to
lockdown, manufacturing has stopped, so, inflow of money is nil and staff has
to be paid their salary also. So, the rent can be adjusted from the security
amount deposited with the plaintiffs.
Ld. Counsel for
defendant has also argued that once fire broke out in the premises and all
electrical repair work was done by the defendant and the plaintiffs told the
defendant to adjust the said cost in the rent, which was never adjusted. Now,
the said amount can be adjusted accordingly.
Arguments on behalf of
both the parties have been heard.
Considering the
abovesaid facts and circumstances, in my opinion, the court can take judicial
notice of the fact regarding the spread of COVID-19 and the stand taken by the
defendant is plausible. In the present matter, it has also been pointed out by
Ld. Counsel for the defendant that plaintiffs are already in possession of
security amount of Rs. 4,50,000/-. The mere fact that the plaintiffs are having
the security amount of Rs. 4,50,000/- in her possession, no loss shall be
suffered by the plaintiffs, if the direction to deposit the rent is not made
due to outbreak of pandemic COVID-19. Hence, the application filed by
plaintiffs U/o XV-A CPC 1908, for deposit of rent/mesne profit is dismissed.
सुनील
भुटानी 'रूद्राक्ष'
अनुवादक-लेखक-ब्लॉगर-संपादक-प्रशिक्षक
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