1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT (L) NO.458 OF 2008 WITH NOTICE OF MOTION NO. OF 2008 M/s.Lords Wear Pvt. Ltd. ...Plaintiff. Vs. Aakar Associates. ...Defendant. .... Mr. P.K. Samdani, Senior Advocate with Mr. S. K. Jain for the Plaintiff. Mr. Kamal Khata with Mr. S. Nagvedali i/b. Mehta & Co. for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. February 8, 2008. P.C.: In a suit under Section 6 of the Specific Relief Act, 1963, a Notice of Motion was taken out for interim relief. At the stage of the hearing of the application for ad-interim relief, both the parties are represented by duly authorised representatives. Learned Counsel for the parties have requested the Court to record the following terms of a settlement which has been arrived at between the parties without further recording any reasons: 2 1. The Plaintiff would be permitted to occupy the premises which are more particularly described in the agreement dated 18th December 2003 (Exh.A to the Plant) until 31st December 2008. The Plaintiff agrees and undertakes to the Court that it shall vacate and hand over peaceful possession of the premises to the Defendant by the close of business hours on 31st December 2008. The undertaking is accepted; 2. The agreement which has been arrived at between the parties permitting the Plaintiffs to continue in occupation until the extended period of 31st December 2008, is expressly subject to the conditions that the licence fee for the period between 1st January 2007 to 31st December 2007 shall be Rs.35,000/- per month and for the period from 1st January 2008 to 31st December 2008 shall be Rs.42,000/- per month. The arrears, if any, that are due and payable for the period between 1st January 2007 and 31st December 2007 shall be paid within a period of three weeks from today by the Plaintiff to the Defendant. The licence fee for every succeeding month commencing from 1st January 2008 until 31st January 2008 shall be 3 paid at the agreed rate as stated hereinabove and the modalities for the payment shall be the same as reflected in the agreement at Exh.A to the Plaint; 3. There shall be a decree in the aforesaid terms. In the event that the Plaintiff fails to hand over vacant possession by 31st December 2008, the Defendant would be at liberty without prejudice to such other remedies as are open in law to execute the decree; 4. In order to facilitate the implementation of the agreed terms as aforesaid, the Defendant shall permit the Plaintiff to use the premises on the same basis as reflected in the agreement at Exh.A forthwith; 5. In the event that any default is committed by the Plaintiff in the payment of lease rental or any part thereof, the decree for possession shall be executable forthwith; 6. The security deposit of Rs.1 lakh shall continue to remain 4 with the Defendant and shall be refunded on the expiry of the term subject to compliance of the terms and conditions as spelt out in the agreement at Exhibit 'A'; 7. Parties have agreed to the aforesaid terms. On the request of Learned Counsel, both the suit and the Notice of Motion shall stand disposed of in the aforesaid terms. Refund of Court fees, if any, as per rules. ......