TaxTMI 
TaxTMI 
2025 (11) TMI 962
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....st to 4th floors covering an area of 14,500 sq.ft. situated at 198, B.B. Ganguly Street, Bow Bazar, Kolkata - 700 012. After negotiations between the parties, it was agreed that the defendant will utilize the services of the plaintiff and will pay the fee to the plaintiff equivalent to two months' rent as would be agreed between the defendant and its lessee. 3. As per negotiations between the parties, the plaintiff took necessary steps to identify a lessee in respect of the commercial building and finalized on Kalyan Jewellers India Limited. The defendant expressed its satisfaction as to the selection of the proposed lessee and executed a Letter of Intent dated 18th December, 2017 wherein Kalyan Jewellers India Limited agreed to take on lease the said commercial building for a period of 15 years on a monthly rent of Rs. 23,00,000/- plus applicable GST. The defendant and the Kalyan Jewellers India Limited entered into a lease agreement dated 26th December, 2017. 4. Mr. Rajarshi Dutta, Learned Advocate representing the plaintiff submits that the plaintiff has successfully performed its contractual obligation by identifying and finalizing a suitable lessee for the defendant, the....
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....rawn the proceeding initiated before the NCLT, Kolkata. 7. Out of the total settlement amount of Rs. 31,28,000/-, the defendant has paid only Rs. 10,00,000/-. The plaintiff has again issued notice to the defendant calling upon the defendant to pay the balance settlement amount of Rs. 21,28,000/- but the defendant has not paid the same. Mr. Dutta submits that the total claim of the plaintiff is Rs. 54,28,000/- but the defendant had settled the amount at the rate of Rs. 31,28,000/- but inspite of settlement, the defendant has paid only Rs. 10,00,000/- and thus the plaintiff is entitled to get an amount of Rs. 44,28,000/- along with interest as the defendant has admitted the said amount. He submits that the defendant has no real prospect of successfully defending the claim of the plaintiff. 8. Mr. Rachit Lakhmani, Learned Advocate representing the defendant submits that the lease deed between the defendant and Kalyan Jewellers India Limited did not materialize, thus the plaintiff is not entitled to any fee as claimed by the plaintiff. He submits that the lease deed which the plaintiff has relied upon is neither registered nor has any date and month, thus the agreement cannot be ....
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....pplication for summary judgment under this Order shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit under Order XXXVII. 2. Stage for application for summary judgment.-An applicant may apply for summary judgment at any time after summons has been served on the defendant: Provided that, no application for summary judgment may be made by such applicant after the Court has framed the issues in respect of the suit. 3. Grounds for summary judgment.-The Court may give a summary judgment against a plaintiff or defendant on a claim if it considers that- (a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and (b) there is no other compelling reason why the claim should not be disposed of before recording of oral evidence. 4. Procedure.-(1) An application for summary judgment to a Court shall, in addition to any other matters the applicant may deem relevant, include the matters set forth in sub-rules (a) to (f) mentioned hereunder:- (a) the application must contain a ....
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.... 5. Evidence for hearing of summary judgment.-(1) Notwithstanding anything in this Order, if the respondent in an application for summary judgment wishes to rely on additional documentary evidence during the hearing, the respondent must:- (a) file such documentary evidence; and (b) serve copies of such documentary evidence on every other party to the application at least fifteen days prior to the date of the hearing. (2) Notwithstanding anything in this Order, if the applicant for summary judgment wishes to rely on documentary evidence in reply to the defendant's documentary evidence, the applicant must:- (a) file such documentary evidence in reply; and (b) serve a copy of such documentary evidence on the respondent at least five days prior to the date of the hearing. (3) Notwithstanding anything to the contrary, sub-rules (1) and (2) shall not require documentary evidence to be:- (a) filed if such documentary evidence has already been filed; or (b) served on a party on whom it has already been served. 6. Orders that may be made by Court.-(1) On an application made under this Order, the Court ma....
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....led the present application praying for summary judgment relying upon the Letter of Intent dated 18th December, 2017 wherein Kalyan Jewellers intents to take the commercial premises on lease for a period of 15 years on a monthly rent of Rs. 23,00,000/- plus GST. The Letter of Intent is not in dispute. 17. The plaintiff has relied upon lease agreement which is undated entered between the defendant and Kalyan Jewellers India Limited with respect to the commercial premises. In the said agreement, the defendant agreed to lease out the commercial premises to Kalyan Jewellers India Limited, and Kalyan Jewellers India Limited agrees to take possession of the commercial premises on lease on a monthly rent of Rs. 23,00,000/- plus GST. 18. The plaintiff has relied upon emails dated 26th November, 2018 and 11th December, 2018 wherein the defendant has assured the plaintiff that payments will settle and pay by December, 2018. The plaintiff has further relied upon the settlement agreement dated 16th July, 2022 wherein the defendant has agreed to pay the total settlement amount of Rs.31,28,000/- out of which the defendant has paid only Rs.10,00,000/-. 19. The main dispute raised by the ....