IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1319 OF 2008 APPLICATION NO.1319 OF 2008 APPLICATION NO.1319 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO. 994 OF 2004 APPEAL NO. 994 OF 2004 APPEAL NO. 994 OF 2004 M/s Master Sukhia & Co. ... Applicant Vs. Bacha Paul Kitchener ... Respondents Mr. R.S. Apte i/by Mr. Vaibhav Patankar for Applicant. Mr. V.C. Ghosalkar for respondent No. 1 CORAM CORAM CORAM : R.S. MOHITE, J : R.S. MOHITE, J : R.S. MOHITE, J. DATE DATE DATE : 4TH JULY, 2008 : 4TH JULY, 2008 : 4TH JULY, 2008 P.C. P.C. P.C. :- :- :- 1. Heard both sides. 2. Parties have came to an understanding. The terms of the said understanding are as under : (a) The applicant will be permitted to give premises situated on the ground and mezzanine floor, out of the suit premises, described in the draft agreement of Leave & Licence. (b) that the Respondent No. 3 who is a licensee and who is made party to the Civil Application undertakes to abide 2 terms and conditions as set out in the Leave and Licence agreement. A draft copy of Leave and Licence agreement to be executed is annexed at Exhibit ‘A’ to the said undertaking. The licensee will also undertake to abide the directions given by this Court in this matter. The undertaking dated 4/7/2008, incorporating the aforesaid requirement is filed in the Court today and taken on record. The undertakings as contained in the document dated 4/7/2008 are accepted. (c) that if the Leave and Licence Agreement is required to be renewed in accordance with Clause (q) of the draft of Leave and Licence agreement, then no such renewal will be effected without prior permission of this Court, in case this appeal remains pending. (d) Out of the deposit of Rs.8,84,247/-, an amount of Rs.4,42,000/- will be deposited in this Court within two weeks from the date of registration of Leave & Licence agreement and the 3 applicant will be at liberty to keep and utilise the balance amount for himself, subject to the condition that he files an undertaking in this Court, within two weeks from today, undertaking forthwith to deposit the aforesaid amount in this Court if called upon to do so. (e) that out of compensation received under the Leave and Licence Agreement, 50 per cent compensation (after deduction of TDS) will be deposited in this Court within a period of two weeks from the date of actual receipt. 3. It is clearly understood by and between the parties that the signatory to the undertaking is the authorised signatory of the Respondent NO. 3. It is also understood between the parties that undertaking to abide by directions of this Court will include a possible order calling upon the licensee to remove themselves from the premises, whether or not the Leave and Licence is agreement is in subsistence at the time of passing such order. It is also agreed that the licensee will not be put in possession prior to the registration 4 of the agreement. A xerox true copy of the Leave and Licence agreement will be filed in this Court within two weeks from the date of registration. Both parties agree that normally, unless there is some serious violation of the Leave and Licence agreement, there will not be obstruction raised for first five years and extension will also not be unreasonably opposed. 4. The Civil Application is disposed of. 5. The amount deposited in this Court will be invested in a fixed deposit of a Nationalised Bank, initially for a period of five years and will thereafter be renewed from time to time on yearly basis. In so far as the compensation amount is concerned, the deposit shall be made when the accumulated compensation deposited exceeds Rs.1,00,000/-. ( R.S. MOHITE, J.) R.S. MOHITE, J.) R.S. MOHITE, J.)