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2018 Supreme(Bom) 1974

S.C.GUPTE
Swaranjeet Singh – Appellant
Versus
Melco Technologies India Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Sudeshna Guha Roy a/w Pritesh Shetty I/b Vidhii Partners.
For the Respondents: Mr. Mathews Nedumpara a/w Rohini Amin and Preeti Dambre.

JUDGMENT :

1. Heard learned Counsel for the parties. This contempt petition alleges breach or disobedience of a consent order and an undertaking given to the court recorded and accepted in it.

2. The Plaintiff in this suit, who is the Petitioner in the contempt petition, is a retired senior citizen, who owns three commercial galas, namely, Gala Nos.915A, 916 and 917 in Sagar Tech Plaza, Andheri, Mumbai. In the present petition, we are concerned with Gala No.915A. Originally Respondent No.1 was the licensee of the Petitioner in respect of all three premises, under a registered leave and licence agreement dated 29 September 2006 (hereinafter referred to as “the first leave and licence agreement”). It is the Petitioner's case that Respondent No.1 defaulted in payment of licence fees, but continued to occupy the premises till expiry of the licence term under the first leave and licence agreement. In March 2009, Respondent No.1 vacated all three premises and handed over the keys to the Petitioner. It is the Petitioner's case that the Respondents, however, did not remove their furniture and fixtures and requested the Petitioner to allow these to be kept in the premises till a suitable offe













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