1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 431 OF 2007 IN SUMMARY SUIT NO. 331 OF 2007 MTV Networks India Pvt. Ltd. .. Plaintiff V/s Vikram A. Jogani .. Defendant Mr. Shyam Mehta with Mrs. Padmaja Dhokakia i/b Law Associates for the plaintiff. Mr. Sanjeev Punalekar i/b PRS Legal for the defendant. CORAM : D.G. KARNIK, J. DATE : 23RD JUNE 2009 P.C. : 1. Heard the learned counsel for the parties. 2. In my view, triable issues arise in the suit. The interpretation of clause 6 of the Leave and Licence Agreement and clause 3 of the extension letter dated 14th December 2002 gives rise to the question whether the plaintiff was first required to hand over the possession of the flat before claiming the 2 deposit. Admittedly, the possession has not been handed over by the plaintiff to the defendant. 3. In the circumstances, the defendant is granted unconditional leave to defend the suit. The defendant shall file the written statement within 10 weeks. The suit shall stand transferred to the list of commercial causes. 4. The summons for judgment is disposed of. (D.G. KARNIK, J.)