JUDGMENT :

SHARMILA U. DESHMUKH, J.

1. Rule. Rule made returnable forthwith and heard finally with consent of the parties.

2. By this petition filed under Article 227 of Constitution of India, the challenge is to the order dated 3rd January 2022 passed by the Appellate Bench of the Small Causes Court, Mumbai in Revision Application No. 40 of 2021 setting aside the order of the Trial Court rejecting the application for interim relief. For the sake of convenience, parties are referred to by their status before the trial Court.

Facts:

3. L.E. & Suit No. 29/2020 was instituted seeking the following substantial reliefs:

“(a) this Hon’ble Court be pleased to declare that the Leave and License Agreement dated 17 May 2019 and Deed of Rectification dated 30 September 2019 are valid and subsisting.

(b) this Hon’ble Court be pleased to declare that the proposed surrender of 8th and 7th floors of Chomium Building being 56,030 sq. feet. by the Defendant No. 1 in its e-mail dated 22 July 2020 is bad in law.

(c) this Hon’ble Court be pleased to pass suitable order and decree directing the Defendant No. 1 to specifically perform the Leave and License Agreement dated 17 May 2019 read with Deed of Rectifica