ARREDA HOMES PRIVATE LIMITED Vs. VEENA DEVELOPERS

JUDGEMENT

(1.) In a Suit seeking restoration of possession of suit premises granted of leave and license by the defendant, the plaintiff seeks various reliefs including a declaration that termination of the leave and license agreement is bad in law, a direction to reimbursement of the expenses allegedly incurred within the premises, payment of compensation and appointment of Court Receiver. The, plaintiff also seeks restoration of possession and an injunction, in the interregnum, restraining the defendant from alienating, encumbering or transferring or letting out the suit premises or otherwise parting with possession thereof.

(2.) Mr. Kanade, learned counsel appearing in support has restricted his application to the relief in terms of prayer clause (b) at this ad-interim stage. The defendant-a partnership firm is said to be the owner of the suit premises and admittedly the licensor. Mr. Jagtiani, appearing on behalf of the defendant has opposed the application.

(3.) The case of the plaintiff, as canvassed by Mr. Kanade, is that pursuant to a Leave and License Agreement dtd. 15/11/2019, a copy of which is at Exhibit-E to the plaint, the plaintiff, as a licensee, was in occupation of the suit premises. The defendant had apparently assured the plaintiff that the occupation certificate of the premises was being obtained and that certain fit-out works could be carried out in the meantime. The premises was under lock and key of the plaintiff and the plaintiff had appointed M/s. Zam Enterprises for carrying out interior designing work to conduct a co-working office and cafe. The plaintiff had also engaged an Architect and Interior Designer to set up glass partitions, sought advise for air-conditioning the premises and had purchased furniture, fixtures, kitchen utilities etc. for carrying out its business. The plaintiff has relied upon certain photographs annexed to the plaint, indicating that certain material and equipment had already been purchased and had lying at the premises.