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TMI Blog2022 (2) TMI 1218X X X X Extracts X X X X X X X X Extracts X X X X ..... r, that may not absolve the appellant from its contractual obligations to pay the lease rent. The respondents are not in the business of running a restaurant and therefore it is doubtful whether they can be mulcted with the risks attendant to running that business. This Court concurs with the prima facie finding returned by the Arbitral Tribunal that the financial commitments of appellant may not be dependent on the business operated by the appellant. The security deposit furnished by the appellant to the respondents in terms of the lease agreements is required to be dealt with in terms of the agreements. Thus the contention that the same may be adjusted from the arrears of rent cannot be accepted - Appeal dismissed. - ARB. A. (COMM.) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e aforesaid premises to respondents no.1 and 2 for a certain period. The respondents had issued a notice terminating the lease in respect of their respective premises and called upon the appellant to hand over vacant possession of the same. In addition, the respondents also claim arrears of the lease amount due from the appellant. The said disputes have been referred to arbitration. 7. The appellant states that it is running a restobar (restaurant and a bar) at the leased premises. Notwithstanding that the appellant is in possession of the leased premises and is using the same for its business, it claims that it is not required to pay the lease rentals on account of force majeure conditions that have resulted from the outbreak of Covid-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r month (subject to applicable taxes) for the period from 01.05.2018 to 30.04.2021 and ₹ 11,90,250/- from 01.05.2021 onwards in respect of leased premises of JTCPL and ₹ 2,39,390/- per month (inclusive of GST) in respect of leased premises of BIET for the period of default and pendency of the matter thus far, i.e. from March 2020 onwards for and up to December 2021, adjusting the amounts already paid (as per declarations made before this tribunal), deducting the TDS as per law, and communicate the same to the respective Claimants within a week of this order. (b) The amounts of money equivalent to the arrears computed as above shall be deposited by the Respondent in Fixed Deposit (FD) accounts separately in relation to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... month, by due date as per contractual clauses or past practice. (h) The amounts representing the TDS withheld by the Respondent against arrears or monthly rent payable from January, 2022 onwards shall be duly accounted for by deposit with the Income Tax Department within the period allowed by law and also certified promptly to the respective Claimants. (i) Any default in strict compliance with the above directions may entails consequences envisaged in Order XV-A of CPC, referred to earlier. (j) All compliances with the above directions by the Respondent shall be without prejudice to its contentions and be subject to final orders in each case. 11. Mr. Dubey, learned counsel appearing for the appellant states that there is no fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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