M/S. Shivnarayan Nemani, Thr. ... vs M/S. Sgm Properties And ...
2021 Latest Caselaw 2722 Bom

                                                                         24 cra 567-19




Sneha                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.                                 CIVIL APPELLATE JURISDICTION
Chavan
Digitally signed
                                 CIVIL REVISION APPLICATION NO.567 OF 2019
by Sneha N.
Chavan
                                                   WITH
Date: 2021.02.11
11:37:09 +0530
                                    INTERIM APPLICATION NO.254 OF 2021

                   M/s.Shivnarayan Nemani,
                   Through Proprietor Shri.Anupam B.
                   Nemani & Anr.                                    ..Applicants
                         Vs.
                   M/s.SGM Proprieties & Investment
                   Pvt. Ltd. & Ors.                                 ..Respondents
                                                     ----
                   Mr. Surel Shah i/b R.A. Naik for the Applicants.
                   Mr. Jayant Gaikwad i/b P.N. Joshi for the Respondents.
                                                     ----
                                                  CORAM : C.V. BHADANG, J.
                                                  DATE : 10th FEBRUARY 2021
                   P.C.


                   1.      This is an application for stay of impugned judgment and

                   decree. The record discloses that the Civil Revision Application was

                   admitted on 16.01.2020. The learned counsel for the applicants

                   points out that there was an interim stay operating before the

                   Appellate Court to the judgment and decree of the Trial Court,

                   subject to the applicants, depositing occupation charges at the rate

                   of Rs.40,000/- per month.

                   2.      The learned Counsel for the applicant on instructions, states

                   that the applicants shall continue to deposit the occupation charges

                   at the rate of Rs.40,000/- per month before this court and shall

                   deposit the arrears within a period of eight weeks.


                        Sneha Chavan                                               page 1 of 2
                                                              24 cra 567-19


3.      In such circumstances, on hearing the learned counsel for the

parties, the following order is passed:

                                      ORDER

        a)          The application is allowed.

        b)          The impugned Judgment and Decree is hereby stayed

pending disposal of the Civil Revision Application, subject to the

applicants depositing the arrears of occupation charges up to

28.02.2021, within eight weeks from today.

c) The applicants shall continue to deposit the monthly

occupation charges at the rate of Rs.40,000/- per month on and

from March, 2021 before 5th of each English calendar month.

d) The applicants shall not part with the possession of the

suit premises and shall not create any third party interest in the

same.

e) In the event of default in the matter of payment of

arrears as aforesaid and/or default in any two consecutive monthly

occupation charges, the interim relief shall stand vacated without

reference to the court.

f) Civil Application is disposed of in the aforesaid terms.

C.V. BHADANG, J.

     Sneha Chavan                                                      page 2 of 2