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G. S. KULKARNI
Deluxe Caterers Pvt. Limited – Appellant
Versus
Narayani Associates – Respondent
JUDGMENT
G. S. Kulkarni, J. - This Appeal from Order assails an order dated 27 September, 2022 passed by the City Civil Court at Mumbai whereby Notice of Motion No. 2577 of 2022 filed by the appellant(original plaintiff) in Suit No. 1644 of 2022 has been dismissed.
2. A short issue which arises for consideration in this appeal is as to whether the term of the Conducting Agreement (for short 'the Agreement') dated 20 November, 2017 entered, between respondent no. 1 and the appellant would stand extended by virtue of the appellant invoking the force majeure clause.
3. The facts relevant for adjudication of this appeal are: Respondent nos. 2 and 3 (original defendant nos. 2 and 3) are owners of two units, bearing Unit Nos. 4129 and 4130 situated on the ground floor (part) of the building known as 'Kalaghoda Buildings Bhadekaru Cooperative Premises Society Ltd.' situated at 30, K. Dubash Marg, Kalaghoda, Fort, Mumbai - 400 001(for short 'suit premises'). Respondent nos. 2 and 3 have let out the suit premises on leave and licence to respondent no. 1 (original defendant no. 1) under a registered Leave and Licence Agreement dated 18 October, 2017. In turn, respondent no. 1 with the consent,
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