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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