1 912.nms-3399-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3399 OF 2011 IN SUIT NO. 511 OF 2005. Shri Laxmichand Gada. ..Plaintiff. vs. Shri Manoj G. Chainani & Ors. ..Defendants. And Mrs. Navjeet Kaur Arora & Anr. ..Respondents. .... Mr. A. Davar, i/b. Thakore Jariwala & Asso., for Plaintiff. Mr. S.P. Kanuga, for Defendant No.3. Mr. Gul Mandwani, for Defendant Nos. 4 & 5. .... CORAM : S.J. KATHAWALLA, J. DATE : 23RD DECEMBER 2011. P.C. : By an order dated 23rd June 2008, this Court had in Notice of Motion No. 2951 of 2007 restrained the Defendant Nos. 4 and 5 from creating any third party interest and /or handing over possession of the Suit premises to third party without leave of the Court. 2. The Plaintiff has taken out the above Notice of Motion pointing out that Defendant Nos. 4 and 5 have breached the order dated 23rd June 2008 passed by this Court by entering into an Agreement for Leave and License dated 4th August 2011 between the Respondent No. 5 and one Ms. Navjeet Kaur Arora and Ms. Simran Koli whereunder the Suit premises have been given by the Respondent No.5 to Ms. Navjeet Kaur Arora and Ms. Simran Koli on leave and 2 912.nms-3399-11 license basis for monthly compensation fixed initially at Rs. 20,000/- per month and on completion of 12 months at Rs. 23,000/- per month and refundable security deposit of Rs. 2 lacs. 3. The Learned Advocate appearing for Defendant Nos. 4 and 5 informs the Court that the order passed by this Court 23rd June 2008 is wrongly interpreted by the Defendant Nos. 4 and 5 and they have entered into the said Agreement without seeking legal advise and on an impression that they could execute a leave and licence Agreement in respect of the Suit premises without committing breach of the order of injunction. However, on instructions from Defendant Nos. 4 and 5 he states that the leave and licence Agreement dated 4th August 2011 has been forthwith terminated with Ms. Navjeet Kaur Arora and Ms. Simran Koli and that the Deed of Termination will be executed on or before 26th December 2011, a copy of which is handed over to the Advocate for the Plaintiff. This fact is also confirmed by the Respondent No. 5 and Ms. Simran Koli who are present in Court and who for self and on behalf of Ms. Navjeet Kaur Arora have informed the Court that the leave and licence Agreement dated 4th August 2011 is terminated and undertake to this Court to execute the Deed of Termination before 26th December 2011, a copy of which is already handed over to the Advocate for the Plaintiff. The undertaking is accepted. In view thereof, the following order is passed by consent of the parties :- (i) The leave and licence Agreement dated 4th August 2011 executed by Respondent No. 5 in favour of Ms. Navjeet Kaur Arora and Ms. Simran Koli stands terminated with immediate effect. (ii) The Respondent No. 5 and Ms. Navjeet Kaur Arora and Ms. Simran Koli will execute a Deed of Termination of the leave and licence Agreement dated 4th August 2011 in terms of the draft deed 3 912.nms-3399-11 handed over to the Advocate for the Plaintiff on or before 26th December 2011 and forthwith report compliance of the same to the Advocate for the Plaintiff. (iii) The Court Receiver, High Court, Bombay, is appointed as the Receiver of the Suit premises. However, the Court Receiver shall take only symbolic possession of the Suit premises and shall not disturb the possession of the Defendant Nos. 4 and 5 in respect of the Suit premises. 4. In view thereof, the Notice of Motion stands disposed of. [ S.J. KATHAWALLA, J. ]