PRACTICAL TRANSLATION EXERCISE (English-Hindi) – 33 (16-08-2020) LEGAL TRANSLATION EXERCISE (END PART - IV)

The second application has been filed by the plaintiffs U/s 151 CPC seeking exemption from filing duly attested copy of affidavit.

Ld. Counsel for the plaintiffs has argued that the plaintiffs could not get the supporting affidavit, which was to be filed with the application U/o XV-A CPC 1908, attested by the Oath Commissioner and has prayed to exempt the plaintiffs from filing the same due to outbreak of COVID-19 on account of which the supporting affidavit could not be attested. Hence, it could not be filed.

Considering the abovesaid reason, the plaintiffs is exempted to file the supporting affidavit but it is ordered that plaintiffs shall file the same, when the court starts functioning regularly. Hence, the present application U/s 151 CPC seeking exemption from filing duly attested affidavit is allowed.

Now the third application has been filed by the plaintiffs U/s. 149 CPC, 1908 for deposit of court fee. Ld. Counsel for plaintiffs has argued that due to Coronavirus, the plaintiffs are not in a position to file court fee but he undertakes to deposit the same on reopening of the Courts. Hence, the application is allowed and plaintiffs are directed to file the court fee when the court start its functioning regularly. All the three applications are disposed off accordingly.

Defendant is directed to file Written Statement within two weeks from today by supplying advance copy to the plaintiff. Let the matter be fixed for filing written statement/further proceedings on 03.07.2020.

सुनील भुटानी 'रूद्राक्ष'

अनुवादक-लेखक-ब्‍लॉगर-संपादक-प्रशिक्षक

ब्‍लॉग: http://rudrakshao.blogspot.com 

यूटयूब चैनल: ‘’रूद्राक्ष – RUDRAKSHA” (https://www.youtube.com/watch?v=TcoMNYtBjLs&t=47s) 

WhatsApp Group: ‘रूद्राक्ष-RUDRAKSHA’ (No.: 9868896503)

Email ID: sunilbhutani2020@gmail.com 

PRACTICAL TRANSLATION EXERCISE (English-Hindi) – 32 (14-08-2020) LEGAL TRANSLATION EXERCISE (PART - III)

 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

ब्‍लॉग: http://rudrakshao.blogspot.com 

यूटयूब चैनल: ‘’रूद्राक्ष – RUDRAKSHA” (https://www.youtube.com/watch?v=TcoMNYtBjLs&t=47s) 

WhatsApp Group: ‘रूद्राक्ष-RUDRAKSHA’ (No.: 9868896503)

Email ID: sunilbhutani2020@gmail.com 

PRACTICAL TRANSLATION EXERCISE (English-Hindi) – 31 (13-08-2020) LEGAL TRANSLATION EXERCISE (PART - II)

It is averred in the plaint that the defendant did not pay the rent in time as agreed in the Lease Deed. Plaintiff states that it came to the notice of the plaintiffs that the defendant has assigned, sublet and parted with possession to one M/s. Bold Brewing Private Ltd.

Ld. Counsel for plaintiff has argued that on 28.03.2020, a legal notice was sent to the defendant terminating the lease deed on account of violating clause 17 of the Lease Deed. On 04.04.2020, a reply was received from defendant admitting that the registered office of M/s. Bold Brewing (P) Ltd. was that of the tenanted premises and is subsidiary of the defendant. It was also admitted in the reply that no rent has been paid for the month of March, 2020.

 It is further stated that apart from March, 2020, the rent as well as maintenance charges and electricity bill for the month of April, 2020 has also not been paid. The plaintiff no.1 is a senior citizen being 70 years old and her source of livelihood is only rental income. The plaintiffs have prayed to direct the defendant to hand over the vacant peaceful possession of the premises i.e. T-95A, Third Floor, M. No.161/A/2, C.L. House, Gautam Nagar Complex, New Delhi; to pass decree for recovery of rent as Rs. 1,35,000/- for the month of March 2020; to pass a decree of Rs. 3,00,000/- as unauthorized use and occupation charges of the premises for the month of April 2020 and further enquiry U/o 20 Rule 12 CPC, 1908 may be assessed till the date of handing over of vacant possession of the premises by the defendant to the plaintiffs. Hence, the suit has been filed.

As far as application U/o XV-A CPC 1908, for deposit of rent/mesne profit is concerned, Ld. Counsel for plaintiff has argued that plaintiff no1 is a senior citizen and the rental income is the only source of income for her livelihood and she is suffering from various old age ailments. The plaintiff no.1 has to buy medicine and has to pay for domestic help for which she is completely depended on rental income.

सुनील भुटानी 'रूद्राक्ष'

अनुवादक-लेखक-ब्‍लॉगर-संपादक-प्रशिक्षक

ब्‍लॉग: http://rudrakshao.blogspot.com 

यूटयूब चैनल: ‘’रूद्राक्ष – RUDRAKSHA” (https://www.youtube.com/watch?v=TcoMNYtBjLs&t=47s) 

WhatsApp Group: ‘रूद्राक्ष-RUDRAKSHA’ (No.: 9868896503)

Email ID: sunilbhutani2020@gmail.com 

 

PRACTICAL TRANSLATION EXERCISE (English-Hindi) – 30 (11-08-2020)

 Legal Translation Exercise (Part - I) 

Vide this order, I shall decide urgent application moved on behalf of plaintiffs U/s. XV-A CPC, 1908, as applicable to Delhi, for deposit of rent/mesne profits. The application is annexed with two other applications i.e. application U/s. 151 CPC, 1908 for exemption from filing attested copy of affidavits and another application U/s 149 CPC, 1908 for deposit of court fee.

The application U/s. XV-A CPC, 1908, has been filed by the plaintiffs directing defendant to deposit rent of Rs. 1,35,000/- for the month of March, 2020 and also directing the defendant to deposit mesne profit at the rate of Rs. 3,00,000/- per month for April, 2020 and also directing the defendant to keep on depositing mesne profit for the subsequent months till decision of the suit.

Before dealing with the application, a brief fact of the suit is reproduced herein:

Ld. Counsel for plaintiffs states that plaintiffs are the owners of third floor property bearing no. T-95A, M.No. 161/A/2, C.L. House, Gautam Nagar Complex, New Delhi, with the following ratio:

a. Plaintiff no.1: 80%’

b. Plaintiff no.2: 20%

It is stated by plaintiffs that the aforementioned property was let out to the defendant for its office use at the monthly rent of Rs. 1,35,000/-, which was to be paid on or before 7th day of each calendar month in advance. Plaintiff states that it was mentioned in the Lease Deed that if the lessee does not make the payment of rent for the month within the stipulated time the lessee will pay the rent with interest @ 24% per annum to the lessors. Plaintiff further states that it is mentioned in the Lease Deed that if the lessee does not pay the rent for continuously two months, the lessors shall have the absolute rights to terminate the lease by giving 15 days notice in writing to the lessee; the Lease Deed commenced from 12.10.2017 and was valid for five years i.e. 11.10.2022; that the lessee shall not assign, sublet or part with the possession of the said premises or a portion thereof to anyone else.

सुनील भुटानी 'रूद्राक्ष'

अनुवादक-लेखक-ब्‍लॉगर-संपादक-प्रशिक्षक

ब्‍लॉग: http://rudrakshao.blogspot.com 

यूटयूब चैनल: ‘’रूद्राक्ष – RUDRAKSHA” (https://www.youtube.com/watch?v=TcoMNYtBjLs&t=47s) 

WhatsApp Group: ‘रूद्राक्ष-RUDRAKSHA’ (No.: 9868896503)

Email ID: sunilbhutani2020@gmail.com