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ITEM NO.19 COURT NO.17 SECTION IX

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 4035/2023

(Arising out of impugned final judgment and order dated 17-02-2023

in AFO No. 944/2022 passed by the High Court Of Judicature At

Bombay)

DELUXE CATERERS PVT. LTD. Petitioner(s)

VERSUS

M/S NARAYANI ASSOCIATES & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.40786/2023-EXEMPTION FROM FILING

C/C OF THE IMPUGNED JUDGMENT

IA No. 40786/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT)

Date : 28-02-2023 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI

HON'BLE MR. JUSTICE J.B. PARDIWALA

For Petitioner(s)

Mr. Kavin Gulati, Sr. Adv.

Ms. Ruby Singh Ahuja, Adv.

Ms. Deepti Sarin, Adv.

Ms. Akanksha Thapa, Adv.

Ms. Kritika Sachdeva, Adv.

M/S. Karanjawala & Co., AOR

For Respondent(s)

Mr. Shekhar Naphade, Sr. Adv.

Mr. Ajay Panicker, Adv.

Mr. Sureshan P., AOR

Ms. Farah Hashmi, Adv.

Ms. Aishwarya Dash, Adv.

Mr. Prashant Pratap, Adv.

Mr. Deepak Joshi, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Learned senior counsel for the petitioner does not wish

to press this petition on merits. It is urged by him that

Digitally signed by

GEETA AHUJA

Date: 2023.03.02

11:49:48 IST

Reason:

Signature Not Verified

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petitioner is running a restaurant, therefore, some time to vacate

the suit premises may be granted.

Learned senior counsel for the respondents has opposed

the prayer inter alia stating that the respondents have received an

offer for fresh tenancy on higher rates.

During hearing, the parties have agreed that if the

petitioner makes the payment of compensation of Rs. 12 lakhs per

month in place of rent of Rs. 6 lakhs per month and further pay

GST and maintenance charges, six months’ time to vacate the suit

premises till 31.08.2023 may be granted.

Learned senior counsel for the petitioner, on

instruction, has agreed for such payment of compensation.

Considering the aforesaid, this Special Leave Petition

stands dismissed with the following terms and conditions:

i)

That the petitioner shall pay compensation @ Rs. 12 lakhs

+ GST + maintenance to the respondents w.e.f. 01.10.2022

till February, 2023 within seven days from the date of

this order, and further continue to pay the said amount

till vacation of the suit premises on month to month

basis.

ii)

The petitioner shall vacate the suit premises on or before

31.08.2023. He shall file an affidavit to such effect

stating that he shall not create any third party right or

part with the possession of the premises and shall

handover the peaceful possession to the respondents within

the time limit.

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iii)

The operation of the restaurant is allowed to resume from

today.

iv)

In case of default of furnishing an undertaking or payment

of rent, the order of resumption of operation of

restaurant shall stand inoperative.

Pending application(s), if any, shall stand disposed of.

(SONIA GULATI) (BEENA JOLLY)

SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)