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2023 Supreme(Bom) 2182

KAMAL KHATA
Play Games 24x7 Pvt. Ltd. – Appellant
Versus
Loran Leasing And Infotech Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Shanay Shah, with Ativ Patel, Viloma Shah, Darship Dave& Harshad Vyas i/b AVP Partners, for the Appellant; Mr. Yashesh Kamdar, with Yashvi Shah, i/b M/s. Nahush Shah Legal, for the Respondent.

JUDGMENT

1. This summary suit is filed in the Commercial Division under Order XXXVII of the Code of Civil Procedure 1908 (CPC) to recover the security deposit having surrendered the premises under a Leave and License Agreement.

2. The Plaintiff (the Licensee) seeks an order and decree against the Defendant (the Licensor) for the sum of Rs 96,21,204/-(Rupees Ninety Six Lakhs Twenty One Thousand Two Hundred and Four Only) being the principal along with interest of Rs 12,24,133.46/- (Rupees Twelve Lakhs Twenty Four Thousand One Hundred and Thirty Three point Forty Six Only) calculated at the rate of 18% per annum from 1st July 2020 till 15th March 2021 as more particularly set out at (Exhibit 'C' to the Plaint). The brief facts that led to the suit are as under.

3. The Plaintiff is engaged in the business of online games under the brand name 'RummyCircle', 'My11Circle' and Ultimate Games'.

4. The Defendant is a private limited company. The Defendant is the sole and absolute owner of the premises being Unit No. 401, 4th Floor, Building No. 16, Interface Complex, Off Linking Road, Malad (West), Mumbai - 400067 admeasuring 17,196 sq.ft carpet area equivalent to 24,427 sq. ft (chargeable area

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