M/S. ARUN KUMAR KAMAL KUMAR AND OTHERS Vs. M/S. SELECTED MARBLE HOME AND OTHERS
LAWS(SC)-2020-10-3
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on October 01,2020

M/S. Arun Kumar Kamal Kumar And Others Appellant
VERSUS
M/S. Selected Marble Home And Others Respondents


Referred Judgements :-

STATE BANK OF PATIALA VS. CHANDERMOHAN [REFERRED TO]


JUDGEMENT

S.ABDUL NAZEER, J. - (1.)In this appeal, the appellants have questioned the legality and correctness of the final judgment and order dated 11.02.2010 passed by the High Court of Delhi in FAO(OS)No.450/2009 whereby the Division Bench of the High Court dismissed the appeal filed against the judgment of the Learned Single Judge of the High Court dated 24.07.2009 passed in C.S.(OS)NO(s).647-A/1998 and 715-A/1998 whereby the Learned Single Judge had rejected the objections of the appellants and made the Award dated 16.03.1998 the rule of the court. However, vide the impugned judgment the Division Bench reduced the rate of interest from 16% per annum to 9% per annum as applicable to future interest i.e. from the date of the Award, 16.03.1998, till the date of the judgment. This reduction was made subject to the appellants paying the complete decretal amount to the respondents on or before 30.06.2010, failing which the Award along with interest would stand as it is.
(2.)The appellants are in the business of running of restaurants/eateries and manufacture and sale of sweets and other food items. The appellants are running their business under the brand name "Nathu's Sweets". In the year 1990, the appellants entered into two separate licence agreements with the respondents whereunder it was agreed that the appellants will operate and run a restaurant cum sweets shop at the respondents' premises and make payment to the respondents on commission basis. The first licence agreement dated 27.08.1990 was executed between appellant no. 1-M/s. Arun Kumar Kamal Kumar through appellant no.2-Arun Kumar Gupta and respondent no.1 M/s. Selected Marble Home through respondent no.2-Anil Kumar Jain and two other partners of the said respondent no. 1 firm and the second agreement of the same date was executed between appellant no. 1-M/s. Arun Kumar Kamal Kumar through appellant No.2-Arun Kumar Gupta and respondent no.3-Bhim Sain Jain.
(3.)According to the appellants, the respondents started violating the terms of the agreements after commencement of the business and raised obstacles in the smooth running of the business. The premises which were handed over to the appellants had only two electricity connections - one meter of 1 KV and the other of 0.25 KV respectively. Since the sanctioned capacity of the said connections was less than required, the appellants allege that the respondents had agreed to apply and obtain electricity connection with a sanction to load of 2.5 KV. However, in order to harass the appellants, the respondents did not make arrangements for sufficient electricity supply. On the other hand, it was due to their acts of omission and commission that the then Delhi Electricity Supply Undertaking (DESU) disconnected electricity supply to the entire building on 22.10.1990. The business could not be operated and the same was stopped in February 1991. The shop thereafter remained closed from March 1991 to October 1995.
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