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2022 Supreme(Bom) 1248

N.J.JAMADAR
First Rand Services Private Limited – Appellant
Versus
Pantheon Infrastructure Limited – Respondent


Advocates appeared:
Naushad Engineer, Advocate, Viraj Parikh, Advocate, Karansingh Shekhawat, Advocate, Shanay Shah, Advocate

JUDGMENT

N.J.JAMADAR, J.

1. This commercial division summary suit is instituted for recovery of a sum of Rs.3,66,58,175.00 , comprising of the security deposit of Rs.1,72,82,430.00 in respect of Leave and Licence Agreement dated 12th August, 2016 and a sum of Rs.1,77,97,164.00 in respect of Leave and Licence Agreement dated 27/02/2018, along with interest at the rate of 18% p.a. from 31/05/2020 till 31st August, 2020 and, future interest at the rate of 18% p.a. on the principal amount of the security deposit from 1st September, 2020 till realization.

2. In response to the writ of summons, the defendant has entered appearance.

3. Thereupon, the plaintiff has taken out this Summons for Judgment.

4. The material averments in the plaint can be summarized as under:

    "(a) The plaintiff is a company incorporated under the provisions of Companies Act, 1956. It is a licensed financial services provider engaged in the business of providing corporate and investment banking solutions focused on the India Africa Corridor. The defendant is also incorporated under the provisions of the Companies Act, 1956. The defendant is the owner of the office premises on the first floor admeasuring approximately

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