:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.512 OF 2007 NO.512 OF 2007 NO.512 OF 2007 IN IN IN SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO.201 OF 2007 FOR JUDGMENT NO.201 OF 2007 FOR JUDGMENT NO.201 OF 2007 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.437 OF 2007 SUIT NO.437 OF 2007 SUIT NO.437 OF 2007 Mrs.G.C.Maghnani & Anr. ..Appellants Vs. Bharati Tele Ventures Ltd. ..Respondent Mr.R.R.Sharma for the Appellants. Mr.S.Jagtiyani i/b.D.H.Law with H.Rehman & Associates for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 31ST JANUARY,2008 : 31ST JANUARY,2008 : 31ST JANUARY,2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By this Appeal, the Appellants are challenging the order dated 11th June,2007 passed by the learned Single Judge granting conditional leave in Summons for Judgment, whereby the learned Single Judge had directed the Appellants to deposit a sum of Rs.2,00,000/- within a period of four weeks from the date of order. The claim in the suit is for a sum of Rs.4,31,950/- with the principal sum of Rs.2,00,000/- with interest at the rate of 18% p.a. 2. The learned Counsel for the Appellants does not dispute that there was a Leave and License agreement entered into between the Appellants and the Respondent for a fixed period of 22 months with an :2: option to the Licensor and the Licensee to terminate the Leave and License agreement after the expiry of 11 months by giving 2 months prior notice by either of them. There is no dispute that on 19th December, 2002, the Licensee had terminated the Leave and License agreement, which was after the expiry of 11 months, and on 18th February, 2003 the Licensee had intimated the Licensor that they will handover the possession of the premises and called upon the Appellants-Licensor to handover Rs.50,00,000/- which was given to the Licensor as an interest free deposit. The Licensor could not return the said sum by that day, however, the Licensor had returned a sum of Rs.25,00,000/- on 7th February, 2003 and another sum of Rs.20,00,000/- on 22nd March, 2003 and thereafter no amount was returned. It is very pertinent to note that the possession of the premises was handed over to the Appellants-Licensor in February, 2003. Even thereafter the Appellants are continuing to hold on the balance sum of Rs.5,00,000/- and did not bother to return the same to the Respondent. After correspondence and negotiations, on 26th May, 2004, the Respondent had graciously granted a concession of Rs.1,00,000/- with a specific condition that the Appellants shall refund the said sum of Rs.4,00,000/- in the following manner: Rs.3,00,000/- to be paid on 26th May, 2004 and the balance of Rs.1,00,000/- to be paid on or before 25th June, 2004. :3: 3. The Appellants had paid only a sum of Rs.3,00,000/- on 26th May, 2004 and completely failed to pay the balance sum of Rs.1,00,000/- till today. 4. The Appellants have been enjoying the interest free deposit of Rs.50,00,000/- right from 9th November, 2001. Having regard to the aforesaid facts and circumstances, there is absolutely no illegality in the order of the learned Single Judge directing the Appellants to deposit a sum of Rs.2,00,000/- if the Appellants are desirous of contesting with the above suit, and permitting the Respondent to withdraw the said sum of Rs.2,00,000/- with a specific condition that the Respondent should furnish a security to the satisfaction of the Prothonotary and Senior Master of this Court. 5. We find absolutely no merit in the above Appeal. The Appeal stands dismissed. 6. In view of the disposal of the above Appeal, the Notice of Motion No.3305 of 2007 does not survive, the same stands dismissed. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)