The Delhi High Court has directed well known food chain Moti Mahal Delux-II to continue paying interim monthly rent of Rs 3 lakh for a South Delhi property, saying if it cannot do so it could choose to vacate the premises.
The food chain has expressed inability to pay the rent due to financial constraints being faced because of the nationwide lockdown for the last over six weeks.
The court observed that no one knows when the hospitality business would return to its robust status and the restaurant will have to take a call on its ability to pay the rent or vacate the premises.
No one knows as to when the service industry and hospitality business would return to its robust status as was prior to the pandemic/nationwide lockdown. It is a call which the applicant (restaurant) would have to make apropos its ability to pay the interim market rent fixed by this Court or to vacate the premises. If the applicant cannot pay the monies it could choose to vacate the premises, Justice Najmi Waziri said.
The court however, said there was no reason to vacate the stay on eviction of the tenant food chain from the premises or alter the interim market rent fixed by the court earlier in 2017.
The property is in a prime location of a well-known market of South Delhi and if the petitioner (restaurant) cannot pay the monies, it would not be difficult for the respondents land ladies to find another tenant, it said.
The food chain approached the court with a plea to modify its August 2017 order, by which it was directed to pay Rs 3 lakh per month as rent for use and occupation charges of the premises, expressing financial constraints in making the payments as of now.
The court, however, allowed the restaurant to pay Rs 3 lakh in three installments of Rs one lakh each to the land ladies only for this month.
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