Wonders Of The World Opc Pvt Ltd v. Anil Khurana And ANR

Renuka 6-wp-2553-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2553 OF 2026 Wonders Of The World Opc Pvt Ltd

...Petitioner

V/s.

Anil Khurana And Anr

...Respondents

________________ Mr. Nigam C. Kumar with Ms. Darshana Jodankar i/b N. K. Juris for Petitioner.

Mr. Onkar Gupte for Respondents.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 21 APRIL 2026.

P.C.:

1) The Petition challenges order dated 29 January 2026 passed by the Trial Court restraining the Petitioner/Defendant from creating third party rights in respect of licensed premises and directing them to clear the entire arrears of licensed fees.

2) The only contention raised before me is that the Petitioner is willing to pay the license fees, subject to the Respondents renewing the licensed agreement. The contention is preposterous to say the least. The suit is filed seeking recovery of possession of licensed premises on the ground that the tenure of license has expired by efflux of time. Page No.

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Renuka 6-wp-2553-2026 Therefore there is no question of renewing the license in favour of the Petitioner.

3) If the Petitioner wants to remain in possession of the licensed premises, it will have to pay/deposit the license fees under Order XV-A of the Code of Civil Procedure, 1908. If the license fees are not paid/deposited, the Court shall proceed to pass an order of striking off defence of the Defendants. No infirmity is traced in the impugned order. However, the Petitioner would be at liberty to deposit the entire arrears of license fees before the Trial Court within a period of four weeks.

4) All contention of parties are expressly kept open. 5) Writ Petition is accordingly dismissed.

[SANDEEP V. MARNE, J.] Page No.

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