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MNM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION NO. 4123 OF 2008

IN

SUIT NO. 3199 OF 2008

South Asian Hospitality Services Pvt. Ltd.

...Plaintiffs

Vs.

Mr. Faiz Ahmed Nunaf Mamdani

& Ors.

...Defendants

Mr.N.S.Nappinai, Advocate for the Plaintiff

Ms. Sunita Poddar with Mr. M.Y.Sayani, Advocate for Defendant No.1

Mr. Suneet Moholkar for Defendant No.2

CORAM : SMT. ROSHAN DALVI, J.

DATED : 18^TH MARCH, 2010

P.C. :

1. The parties entered into an undated agreement referred to as the Letter Of

Intent (LOI). It is admittedly executed. The agreement was for letting out

of one room as a business premises in “Atria-The Millennium Mall”. The

essential terms of the LOI was the payment of rent of Rs.92,000/- p.m

along with the Common Area Maintenance (CAM) of Rs.36/- per sq. ft., of

super-built up area (which is shown to be 510 sq. ft., in the LOI). The

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Plaintiffs were to pay non-refundable security deposit of Rs.70,000/-p.m

for 4 months to make it Rs.2.70 lakhs (instead of Rs.2.80 lakhs).

2. The Plaintiffs seek specific performance of this agreement. The Plaintiff

paid a cheque of Rs.90,000/- on 10

th Janu