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2023 Supreme(SC) 736

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
Shinhan Bank – Appellant
Versus
Carol Info Services Limited – Respondent


JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, CJI.

1. On 5 August 2011, the petitioner entered into a Leave and License agreement with the respondent for the use and occupation of office premises situated on the 4th Floor of the West Wing at Wockhardt Towers, C-2, Block G, Bandra Kurla Complex, Bandra (East), Mumbai-400051 for a period of five years. On the same day, an Amenities agreement was contemporaneously executed with the Leave and Licence agreement. Upon the expiry of the term of the Leave and License agreement, a fresh Leave and Licence agreement was executed between the petitioner and the respondent on 1 July 2016 for the continued use and occupation of the premises for a period of two years.

2. On 25 August 2016, the petitioner entered into an Amenities agreement with the respondent.

3. On 22 March 2017, the petitioner issued a notice of termination to the respondent stating that the Leave and Licence agreement and the Amenities agreement would stand terminated upon the expiry of the lock-in period, namely, on 1 July 2017.

4. The respondent replied to the termination notice on 30 March 2017. Asserting that the termination was not in accordance with the terms of the Leave and Licence

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