1 ch-summons-1364 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Chamber Summons No.1364 of 2010 IN Suit No.1443 of 2009 Rajkumari Mkumar Asrani .. .. Plaintiff v/s. Kishandas (Kishore) Bhagwandas & ors. .. Defendants And Oriental Bank of Commerce .. .. Applicant Mr.Girish Nair for Aplicant. Ms.Richa Bharwadwaj i/by Shah & Sanghavi for Deft.No.4. Mr.Sandeep Parekh i/by Rustamji & Ginwala & Co. for Plff. Mr.P.N. Mody with Mr.Ranjit Bhonsale i/by N.C. Dalal & Co. for Deft.Nos.1 & 6. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 16th November, 2010 P.C. : 1.The Applicant is a licensee in respect of the Ground Floor premises of the suit building. The licence is to expire on 30 th November 2010. Under the terms of the licence, the Applicant has to vacate and hand over the vacant possession to the Defendants/trustees on or before 30 th November 2010. If the Applicant desires to continue the licence on fresh terms, which are 2 ch-summons-1364 acceptable to the Defendant trustees as well as the Plaintiff, the Applicant would be entitled to do so since the creation of a licence is not creating any legal interest in the premises licensed. 2.The Applicant shall make this offer of the amount of compensation payable and the other financial terms, if any, to the Defendant trustees and a copy to the Plaintiff within one week from today. 3.The Plaintiff would be entitled to obtain or offer another licensee who pays a higher amount to the Defendant trustees. 4.It is clarified that creation of a fresh licence on fresh terms would not tantamount to breach of the order dated 23 rd June 2009. In view of this position, the Applicant is not required to be made a party Defendant in the suit. 5.The Chamber Summons is disposed of accordingly. (SMT.ROSHAN DALVI, J.)