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Supreme Court of India 2020-02-07 disposed

INFINITY INFOTECH PARKS LIMITED vs SHIVA JUTE MILLS PRIVATE LIMITED THROUGH CHIEF EXECUTIVE (AUTHORISED SIGNATORY) & ANR

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

The Supreme Court set aside a High Court order that directed restoration of electricity to a sub-lessee without requiring payment of arrears. The sub-lessee had occupied commercial premises (16th floor, ~29,445 sq. ft.) for over seven years without paying any lease rent, maintenance charges, or electricity charges. The Court held that non-payment cannot be excused on technical grounds such as lack of formal invoices or non-provision of air-conditioning. It ordered the sub-lessee to pay Rs. 3.24 crore in arrears and ongoing monthly charges, with electricity to be restored only upon payment of the first instalment of Rs. 1 crore, and directed monthly bills to be raised thereafter.

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Landlord and Tenant Commercial Lease Utility Disconnection Interim Relief Property Rights Contract Interpretation Equity

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