Bombay High Court
Mahendra Prabhul Doshi vs Rohit Ramniklal Saraiya And Ors on 21 December, 2021
Bench: A.S. Gadkari
ssm 1 2-wp8980.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8980 OF 2021
Mahendra Prabhul Doshi .....Petitioner
Vs.
Rohit Ramniklal Saraiya & Ors. .....Respondents.
Mr. Pankaj Purway for the Petitioner.
Mr. Vishal V. Kanade a/w Mr. Ramchandran Narayanan & Mr. Aditya Gupta
i/by Narayanan & Narayanan for the Respondent Nos.1 and 2.
CORAM : A. S. GADKARI, J.
DATE : 21st DECEMBER, 2021.
P.C.:-
By the present Petition, the Petitioner licensee has impugning
Order dated 28th October, 2021 passed in Revision Application No.223 of
2021 thereby rejecting his Application to grant stay to the Judgment and
Order dated 26th March, 2021, passed by the Competent Authority Rent
Control Act, Konkan Division at Mumbai in Eviction Application No.134 of
2017. Clause Nos.(iii) and (iv) of the operative part of the said Order dated
26th March, 2021 reads as under-
"(iii) The respondent is further directed to make a payment of
arrears of license fee a sum of Rs.3,85,000/- within 30
days to the applicants.
(iv) The respondent is further directed to make a payment of
license fee at the double rate i.e. 35,000 x 2 = 70,000/-
ssm 2 2-wp8980.21.doc
per month from 01.02.2018 to till handover the
possession of application premises to the applicants."
2 The present Petition was heard on 15 th December, 2021 at
length. In view of deliberation which took place on that day, a subsequent
Order dated 16th December, 2021 was passed by this Court.
On 16th December, 2021, the learned counsel for the Petitioner
had produced a chart giving details of 50% of amount as per Clause No.(iv)
above and the entire amount of Clause No.(iii) of the said Order dated 26 th
March, 2021.
3 Accordingly today, Mr. Purway learned Advocate for the
Petitioner has brought a Demand Draft of Rs.20,12,500/- drawn on Indian
Bank, Dadar Branch bearing No.492612 in favour of the Competent
Authority Rent Control Act, Konkan Division at Mumbai. A photocopy of
the said Demand Draft is taken on record. Petitioner is directed to deposit
the said Demand Draft with the Competent Authority on or before 28 th
December, 2021.
4 As the Petitioner has shown his bonafide in depositing entire
amount of Clause No.(iii) and 50% of the amount as per Clause No.(iv) of
the operative part of the Order dated 26 th March, 2021, it will be
appropriate in the interest of justice, to set aside the Order dated 28 th
October, 2021 passed by the Revisional Authority and grant a stay to the
impugned Judgment and Order dated 26th March, 2021 passed by the
ssm 3 2-wp8980.21.doc
Competent Authority, which is accordingly done.
5 In view of the above, the impugned Order dated 28 th October,
2021 is set aside.
During the pendency of the said Revision Application No.223 of
2021, the implementation and operation of the Order dated 26 th March,
2021 passed by the Competent Authority Rent Control Act, Konkan Division
at Mumbai is stayed.
6 The Revisional Authority is requested to expedite the hearing of
the said Revision and to make an endeavour to conclude the same within a
period of six months from the date of receipt of this Order.
7 During the pendency of the Revision Application No.223 of
2021, Petitioner is further directed to continue to deposit Rs.70,000/- per
month as compensation towards suit premises in the Registry of the
Competent Authority Rent Control Act, Konkan Division at Mumbai on or
before 10th day of every month.
8 Respondent Nos.1 and 2 i.e. the landlords are at liberty to file
an Application for withdrawal of the said amount before the Revisional
Authority. The Revisional Authority will consider the said Application on its
own merits.
9 Mr. Kanade, learned counsel for the Respondent Nos.1 and 2
submitted that, there is an outstanding of approximately Rs.97,000/-
towards electricity charges of the suit premises. Mr. Purway, learned
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Advocate for the Petitioner submitted that, till date the Petitioner has paid
Rs.30,000/- to the electricity provider Company and whatever is the
balance amount, will be cleared by the Petitioner on or before 31 st
December, 2021. The said statement is accepted.
10 It is made clear that, during the pendency of Revision
Application if the Petitioner makes two consecutive defaults in making
payment towards future compensation @ Rs.70,000/- per month, in that
event it will be open for the Revisional Authority to dismiss the said
Revision Application on that count alone.
11 Writ Petition is disposed off in the aforesaid terms.
(A.S. GADKARI, J.)
Digitally signed by
SANJIV SANJIV
SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2021.12.23
17:15:34 +0530
