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Judgment
The petitioner prays for an order against the respondent restraining the respondent from creating any third party interest in respect of the part of the
licensed portion which is presently being occupied by the respondent. The petitioner is the landlord of the premises and according to the learned
counsel appearing for the petitioner, the respondent is a trespasser pursuant to a notice of eviction dated 11th June, 2021 which was served on the
respondent by post as well as by e-mail.
Counsel submits that the respondent is in default of its payment obligations under leave and licence agreement which was entered into between the
parties on 1st December, 2020 and is to remain valid till 31st October, 2021. Under the relevant clause relating to non-payment of the leave and
licence fees, the respondent would be in default if the amount remains due and payable for a continued period of two months. The said default would
entitle the landlord/licensor to determine or terminate the licence agreement without prior notice. The event of default and the respondent’s failure
to make payment of the licence fees for over two months would appear from the notice dated 11th June, 2021 which states that as on the date of
issue of the notice, the respondent was in default for a continued period of three months. It is further stated that the licence fees tendered for the
month of April 2021 by way of a cheque was subsequently dishonored. By the said notice, the respondent was given 15 days from the date of the
notice to vacate the premises but has failed to do so. The respondent is still in occupation of the said premises.
The petitioner seeks leave to move this application ex-parte on the apprehension that the respondent is in the process of creating third party rights over
the occupied portion of the premises. Such apprehension has been stated in the present application.
Upon hearing learned counsel, this Court is of the view that the petitioner has established a prima facie case of default on the part of the respondent
which would entitle the petitioner to an order of injunction against the respondent for limited period of time within which the respondent should be
served. There is no challenge or response to the Notice of eviction. The fact of default of payment of licence fees is also not disputed. The default is
in fact a continuing default.
In view of the above, there shall be an order in terms of prayer (a) of the application restraining the respondent from alienating or creating any third
party rights in respect of the portion which is presently being occupied by the respondent. The order shall remain in force for a period of three weeks
from date. The petitioner is directed to serve a copy of this order together with all relevant documents within 24 hours from the date of this order.
List this matter after two weeks.