Disposed

Ava Elma Vocational Education Pvt. Ltd.Thr. Director Mr.Santosh P. Shinde v. Mr. Gonsalves Corlis Noel Jos

Bombay HC17 Nov 2023AO/941/2023

Case brief

AI extract

What is this about?

The High Court disposed of an appeal and interim application regarding a lease dispute between a vocational education institute and a property owner. The parties agreed to specific terms limiting space usage, access, and payment, which the court accepted.

What did the court decide?

Appeal and Interim Application disposed of on terms agreed by parties regarding restricted use of premises, payment, and mutual assurances.

Ava Elma Vocational Education Pvt. Ltd.Thr… — Contract and Commercial Disputes | Bombay HC (2023)

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Digitally signed by MULEY MULEY SHUBHAMPRAVINRAO SHUBHAM PRAVINRAO Date:2023.11.17 16:43:40 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER NO. 941 OF 2023

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Ava Elma Vocational Education Pvt. Ltd. Through its Director Mr. Santosh P. Shinde … Appellant (Orig. Plaintiff)

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V/s.

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Mr. Gonsalves Corlis Noel Jos … Respondent

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(Orig. Defendant)

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WITH

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INTERIM APPLICATION NO. 17303 OF 2023

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APPEAL FROM ORDER NO. 941 OF 2023

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Adv. Bhavik Manek a/w Hafeezur Rahman for the Appellant.

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Adv. Shrey Fatterpekar a/w Adv. Ameet Mehta, Adv. Digisha, Adv. Eshan Mishra and Adv. Riddhi Naik for the Respondent.

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Mr. Santosh Pandurang Shinde Appellant in person is present.

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Mr. Gonsalves Corlis Noel Jos Respondent in person is present.

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CORAM : ARIF S. DOCTOR, J.

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DATE : 17th NOVEMBER, 2023 [VACATION COURT]

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P.C.:-

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The captioned Appeal impugns an order dated 14th November,

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2023 by which the Application for interim relief made by the Appellant i.e. the Plaintiff in Suit No.3154 of 2023 came to be rejected.

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The Appellant is stated to run a training institute imparting vocational education from the premises which are admittedly owned by the Respondent pursuant to Agreement for Leave and License entered into.

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The dispute between the parties arisen on account of the fact that the Respondent has by a letter dated 2nd November, 2023 terminated the said Agreement. After the matter was argued for some time, learned counsel by consent of their respective clients, both of whom were present in Court, agreed that the Appeal itself could be disposed of on the following terms viz.,

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i. The Appellant and its students shall only use the shed which is in the possession under the Leave and License Agreement of the Appellant for conducting the classes/imparting vocational training.

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ii. The Appellant’s staff will only use the office on the ground floor of the building.

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iii. There are four cupboards in the corridor outside the office out of which the Appellant shall move one cupboard to the shed which is being used for imparting vocational training and shall only keep three cupboards in the corridor and nothing else.

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iv. The Appellant’s students shall be entitled to only use three bathrooms situated at the front side of the said building. The access to the bathrooms shall be from the rear side of the building and at no point of time will the Appellant’s students and/or staff access the Respondent’s building for any purpose whatsoever.

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v. The Appellant and Appellant’s students shall only use the gate on the rear side of the building for accessing the shed in which the vocational training is being imparted.

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vi. The Appellant shall pay to the Respondent an amount of Rs.55,000/- per month till April, 2024 in advance on or before 30 th November, 2023.

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vii. The Appellant assures and undertakes that no staff and/or students of the Appellant shall create any nuisance in the Respondent’s premises or hinder the Respondent’s smooth functioning.

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viii. The Respondent equally assures that they shall not in any manner obstruct the Appellant’s access to the said shed as also to the bathrooms and office on the ground floor and shall also not hamper the smooth running of the vocational classes within the space which is given out by the Respondent to the Appellant for that purpose.

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In view of the above, the Appeal from Order and Interim Application No.17303 of 2023 filed therein are disposed of.

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(ARIF S. DOCTOR, J.)

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Shubham

Ava Elma Vocational Education Pvt. Ltd.Thr. Director Mr.Santosh P. Shinde v. Mr. Gonsalves Corlis Noel Jos

Case brief

What is this about?

What did the court decide?

Ava Elma Vocational Education Pvt. Ltd.Thr. Director Mr.Santosh P. Shinde v. Mr. Gonsalves Corlis Noel Jos

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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