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2002 Supreme(Bom) 506

F.I.REBELLO
Motorola India Limited – Appellant
Versus
Kiklu I. Malani – Respondent


JUDGMENT - F.I. REBELLO, J.:---Plaintiffs have filed the present summary suit for reliefs as prayed for. It is the case of the plaintiffs that they had taken premises on leave and license from the defendant. One of the terms was that the plaintiffs would deposit and keep deposited a sum of Rs. 45.00 lakhs as security. This amount was to be refunded on the expiry or sooner determination of the license after deducting therefrom all the amounts due and payable by the licensee to the licensor and on the licensee handing over to the licensor quite, vacant and peaceful possession of the licensed premises. If the licensor failed to refund the security deposit on the expiry or soon after determination of the license in that event the licensor was liable to pay to the licensee interest on the said amount at the rate of 30% per annum from the date of expiry or soon after determination thereof. The plaintiffs have pleaded and relied on various documents in support of their case. Letter dated 20th November, 1995 has been relied upon to prove the payment of the sum of Rs. 45.00 lakhs. That letter shows that drafts in an amount of Rs. 39,06,600/- were forwarded by that letter and also a sum of R





















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