1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO.1595 OF 2010 IN SUIT NO. 1782 OF 2008 Royal Bank of Scotland N.V. .. Plaintiff Vs. Ashok Ghansyamdas Rajani & Ors. .. Defendants And Narendra A. Rajani & Anr. .. Applicants Mr. P. G. Shetty for the Plaintiff. Ms. Fatima Khan i/b A. M. Saraogi for the Defendants. Mr. R. R. Varma for the Applicants. CORAM : MRS. ROSHAN DALVI, J. DATE : 8th July, 2010. P.C. 1. A leave and licence agreement was entered by and between the Plaintiff and one Smt. Gopi Ghanshyamdas Rajani. Under the leave and licence agreement the Plaintiff deposited Rs. 40 lacs as a security deposit with Smt.Gopi Rajani. Smt. Gopi Rajani has expired. Defendant Nos.1 to 4 are the heirs of Smt. Gopi Rajani. Defendant Nos. 5 & 6 are the children of Defendant No.1. Defendant Nos.5 & 6 claim to be the owners of the suit flat. This is under a family arrangement. They entered into an agreement by and between the Defendants and the deceased Smt. Gopi Rajani. The Advocate on behalf of Defendant Nos. 1 to 4 accepts this position. 2 2. In view of the family arrangement Defendant Nos. 5 & 6 have applied for handing over the possession of the suit flat to them. 3. The security deposit has been paid by the Plaintiff. Possession of the flat cannot be handed over until the security deposit is returned to the Plaintiff. The security deposit has not been returned. Hence the suit. 4. The leave and licence agreement was entered into in 2001 for the period of 3 years. It was to expire on 14.06.2004. As per the terms of the leave and licence agreement, it was extended by the Plaintiff for 11 months. It would, therefore, expire on 13.05.2005. The Plaintiff continued in possession. There has been certain litigations with which the suit is not concerned. The Plaintiff has given notice for return of security deposit to Defendant Nos. 1 to 4, the heirs of Smt. Gopi Rajani on 2nd May, 2008. The Plaintiff has however claimed interest on the amount of security deposit not from the date of the notice but from the date when the agreement stood terminated, which was 13.05.2005. Under the terms of the agreement, the Plaintiff is not entitled to such interest. 5. The Plaintiff is entitled to return of Rs.40 lacs upon the admitted position with the leave and licence agreement was executed and the deposit was paid. The Plaintiff cannot be allowed payment of any further interest claimed in the suit for handing over the possession of the suit flat. Hence the following order :- 3 :: O R D E R :: 1. Defendant Nos. 5 & 6 shall deposit Rs. 40 lacs in Court within two weeks from today. Upon such deposit the Plaintiff shall hand over the possession of the suit flat to Defendant Nos. 5 & 6 in view of the family arrangement claimed by the parties. Upon the possession being handed over, the Plaintiff shall be entitled to withdraw the sum of Rs. 40 lacs deposited in the Court. 2. Defendant Nos. 5 & 6 shall give a written declaration and statement to the Court that they alone are entitled to the possession of the suit flat as owners and that no other family member is entitled also within two weeks. This possession shall be taken subject to the claims, if any, of Defendant Nos. 1 to 4 or any other party or any other family members. 3. The Notice of Motion is disposed of accordingly. ( ROSHAN DALVI, J.)