- 1 - 21.ss.1449.2011 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1449 OF 2011 ALD Automotive Private Limited ..Plaintiff -Versus- Gurprit Singh Mago Karta of Gurprit Singh Mago, HUF ..Defendant .......... Mr.Avinash Joshi with Mr.Vipul Bilve i/b Mulla & Mulla & C.B. & C. for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 18TH OCTOBER 2011. P.C. 1 The suit is filed to recover the security deposit made by the plaintiff with the defendant under a leave and licence agreement dated 6th February 2008 entered into between the parties. The agreement was for a duration of 36 months. However clause 8, 12, 13 and 14 of the agreement read as under : 8 The Licensor and the Licensee agree that during the tenure of the first 36 months both the Licensor and the Licensee shall not have the right to terminate the Leave and License except in the event of default or as provided elsewhere in the agreement. This Agreement may be terminated by the Licensee after the period of 36 months after giving notice of its intention to terminate in writing to the Licensor at least 30 days in advance. - 2 - 21.ss.1449.2011 12 It is agreed by the parties that the Licensee shall deposit with the Licensor an interest free Security Deposit the sum equal to the Twelve month Licence Fee i.e. Rs. 1,07,31,000/-(Rupees One crore seven lakhs and thirty one thousand only) on signing of this Agreement. The Licensee shall deposit with the Licensor an additional 30% security deposit on or before the commencement of the last 24 months of the Licence period. 13 It is agreed between the parties hereto that the said security deposit shall not carry any interest and shall be repaid forthwith by the Licensor to the Licensee free from any claim against the Licensee handing over the said premises to the Licensor in terms of the said Leave and License Agreement subject to payment by the Licensee of all the dues including dues of electricity, water charges, common maintenance charges and other charges as may be payable under these terms till the date of surrender and handing over vacant possession of the said premises. It will be obligation on the part of the Licensee to pay the dues of Telephones, Cables, Internet and other services which may have been taken by them and Licensor shall not be at all liable for such dues. 14 Notwithstanding anything to the contrary contained or prior termination of the License in terms of the said Leave and License Agreement. If the Licensee is ready and willing to give peaceful vacant possession of the said premises to the Licensor but the Licensor do not refund the Security Deposit for any reason whatsoever despite the written notice bearing received form the Licensee then in such event without prejudice to any other right/remedy available: a) The Licensee shall be entitled to retain the Licensed premises without being liable to pay the compensation effective from such date till the time the Licensor refund the Security Deposit to the Licensee. b) The Licensor shall become liable to pay interest to the Licensee on the said Security Deposit at the rate of 1.5% per month from the date of Licensee is ready and willing to give vacant and peaceful possession of the said - 3 - 21.ss.1449.2011 premises as aforesaid up to the date of the refund of the said Security Deposit by the Licensor to the Licensee together with the accrued interest. c) The Licensee reserves the right to file legal proceedings to recover the security deposit along with accrued interest in a competent court of law. 2 By a letter dated 21st September 2010, the plaintiff informed the defendant that they would hand over the possession of the premises on 7th March 2011. The same was therefore in accordance with clause 8 of the agreement. The plaintiff offered to return the premises on 7th March 2011. The defendant however failed and neglected to repay the security deposit. 3 The defendant failed to reply the plaintiff’s advocates’ notice dated 3rd March 2011 demanding payment. 4 The defendant has not filed an appearance. A compilation of documents is tendered by the plaintiff in Court, is taken on record and marked “X” collectively. 5 There is nothing on record that militates against the plaintiff’s claim. There is no reason not to accept the averments and submissions in the plaint. - 4 - 21.ss.1449.2011 6 The suit is, therefore, decreed as prayed. However, interest after the date of the suit shall be at 12% per annum. Costs to be quantified as per Rules. Refund of court fee, if any, as per Rules. -