Bombay High Court
Prakash Laxmandas Damwani vs Omprakash S/O. Hariram ... on 15 July, 2016
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2116/2016
Prakash Laxmandas Damwani,
aged about 50 Yrs., Occu. Business,
R/o Flat No.201, Devika Tower,
Power Grid Road, Nari, Jaripatka,
Nagpur. ..Petitioner.
(Ori. Deft. on R.A.)
..VS..
Omprakash S/o Hariram Hariramani,
aged about 48 Yrs., Occu. Legal Practitioner,
R/o "Shivalik" Block No.37/B, Near
Mahatma Gandhi School, Jaripatka,
Nagpur. ..Respondent.
(Ori. Plft. on R.A.)
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Shri S.A. Mohta, Advocate for the petitioner.
Shri R.K. Raulkar h/f Shri Gopal Mishra, Advocate for the respondent.
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CORAM : Z.A.HAQ, J.
DATED : 15.7.2016.
ORAL JUDGMENT
1. Heard Shri S.A. Mohta, Advocate for the petitioner - original defendant
and Shri R.K. Raulkar, Advocate h/f Shri Gopal Mishra, Advocate for the
respondent - original plaintiff.
2. Rule. Rule made returnable forthwith.
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3. The respondent has filed the civil suit against the petitioner praying for
decree for ejectment, possession, arrears of rent and mesne profits. In this civil
suit, the respondent had filed an application praying that the petitioner be
directed to deposit the arrears of rent and to continue to pay the arrears of rent
till the disposal of the civil suit. The trial Court, by the order dated 31 st August,
2015 directed the petitioner to deposit arrears of rent for the period from 2 nd
May, 2013 till 31st August, 2015 at the rate of Rs.2,700/- per month, within
one month from the date of the order. The trial Court further directed the
petitioner to continue to deposit Rs.2,700/- per month till the disposal of the
civil suit. The petitioner had not deposited the amount as per the above order.
The petitioner deposited an amount of Rs.10,000/- in February, 2016 after
seeking permission of the trial Court. On 24 th February, 2016, the petitioner
again filed an application seeking permission to deposit Rs.15,000/- and the
trial Court permitted the petitioner to deposit Rs.15,000/- by passing an order
on the same day, however, the petitioner has not deposited the amount and
according to the petitioner, the amount could not be deposited on 24 th
February, 2016 as the Nazir section was closed by the time he went to deposit
the amount. According to the petitioner, he was told that the petitioner can
deposit the amount on next date i.e. 17th March, 2016. The petitioner has
stated that on 17th March, 2016 he was not well and, therefore, an application
praying for grant of time was filed on 17th March, 2016 which was rejected by
the trial Court. On the next date i.e. 22 nd March, 2016, the petitioner again
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moved an application seeking permission to deposit Rs.15,000/- and also
produced a cheque for that amount. The trial Court has rejected this
application by the impugned order.
The facts on record show that there are no bonafides on the part of the
petitioner and the petitioner is acting in a calculated manner to delay and
prolong the disposal of the civil suit. The petitioner has not complied with the
order passed by the trial Court on 31 st August, 2015. The amount of arrears of
rent is not deposited within stipulated time. The petitioner has not paid or
deposited the amount of Rs.2,700/- every month as directed by the trial Court.
There is no explanation why the amount is not deposited as per the order
passed by the trial Court.
In this petition, the petitioner has prayed for an interim order that during
the pendency of the petition the further proceedings of Regular Civil Suit
No.187/2013 pending before the trial Court be stayed. It is not understood
why the petitioner has prayed that the proceedings of civil suit be stayed. This
Court while issuing notice, by the order dated 2nd April, 2016 found that the
prayer for interim relief made by the petitioner is not proper and, therefore, has
not granted it, however, to protect the interest of the petitioner this Court
directed that adverse orders should not be passed against the petitioner until
further orders. The petitioner having failed to obtain stay of further
proceedings of civil suit in this writ petition, showed the audacity to move an
application (Exh. No.39) before the trial Court and made misleading
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statements and prayed that during the pendency of this writ petition the matter
before the trial Court be kept in abeyance. The trial Court has passed the order
on 17th June, 2016 and has stayed the proceedings of civil suit until further
orders. The conduct of the petitioner has to be deprecated. The learned trial
Judge has also committed gross error in entertaining the application (Exh.
No.39) and staying the civil suit overlooking the fact that this Court has not
granted that to the petitioner though prayed for by the petitioner.
In view of the above, I find that the petitioner is unnecessarily delaying
the disposal of the civil suit and there are no bonafides on the part of the
petitioner in moving the applications repeatedly for grant of time to deposit the
amount. The impugned order is proper and cannot be faulted with. The
petition is dismissed with costs quantified at Rs.20,000/- (Rs. Twenty
Thousand Only) to be paid by the petitioner to the respondent within one
month. If the amount of costs is not paid by the petitioner to the defendant
within one month, the trial Court shall pass appropriate orders considering it to
be non-compliance of the order passed by this Court.
The trial Court is directed to dispose the civil suit till 30 th November,
2016.
JUDGE
Tambaskar.
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CERTIFICATE
" I certify that this Judgment/Order uploaded is a true and correct copy of
original signed Judgment/Order".
Uploaded By : N.V. Tambaskar. Uploaded On : 22.7.2016.
Personal Assistant.
