Bombay High Court
Samita Sanjay Sabale vs Chandrakant Keshav Amburle ... on 22 January, 2021
Bench: C.V. Bhadang
9-iast-575-21 in sa-418-19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (ST) NO. 575 OF 2021
IN
SECOND APPEAL NO. 418 OF 2019
Smita Sanjay Sabale & Anr. ..Applicants.
IN THE MATTER BETWEEN
Smita Sanjay Sabale & Anr. ..Appellants.
Vs.
Chandrakant Keshav Amburle
(Since deceased) through LRs. ...Respondents
----
Ms. Jaii Kanade i/b. Ms. Shruti Tulpule / Shivani Samel, for the
Applicants.
Mr. Harshad Inamdar, for the Respondents.
Mr. Samir Sable, son of the Applicant, present in person.
----
CORAM : C.V. BHADANG, J.
DATE : 22nd JANUARY 2021
P.C.
. This is an application for extension of time granted by this
Court by judgment and order dated 17/7/2019 in Second Appeal
No.418/2019 which is due to expire on 31/1/2021.
2. The learned counsel for the applicants states that on account
of the lock-down, that was effected from March 2020, the applicants
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9-iast-575-21 in sa-418-19
were unable to find out alternate accommodation where the
business could be shifted. The learned counsel has submitted that
the time be extended till 1/9/2021.
3. The learned counsel for the respondents has strongly opposed
the grant of time. It is submitted that the suit premises are being
used for commercial purposes for running a Bar and Restaurant and
the applicants are paying a meagre amount of Rs.3,000/- per month.
He therefore submitted that if at all this Court is inclined to grant
time, a shorter time of two months only may be granted on
condition of the applicants paying the market rent. The learned
counsel for the applicants, on instructions from Mr. Samir Sable son
of applicants, who is present before the Court, submitted that the
applicants are willing to pay occupation charges at the rate of
Rs.25,000/- per month. The learned counsel for the applicants also
submitted that the amount of occupation charges for the entire
period as may be extended, shall be paid in advance to the
respondents within one week. It is submitted that no further
extension of time shall be claimed for vacating the premises. The
statement so made is accepted.
4. In the result, the following order is passed.
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9-iast-575-21 in sa-418-19
ORDER
1. The time to vacate the suit premises is extended
by a period of six months with effect from 1/2/2021.
2. This shall be subject to the applicants paying
occupation charges at the rate of Rs.25,000/- per
month w.e.f. 1/2/2021.
3. The applicants shall pay the entire amount of
occupation charges for the period of six months i.e.
Rs.1,50,000/-, in advance, to the respondents within
one week from today.
4. The applicants shall file usual undertaking
before the Registrar (Judicial) of this Court, thereby
undertaking to vacate and handover vacant
possession of the suit premises to the respondents
unconditionally on or before 31/7/2021 and shall not
claim extension on any ground.
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9-iast-575-21 in sa-418-19
5. In the event, the amount is not paid and the
undertaking is not furnished within one week, the
order granting extension shall stand vacated without
reference to the Court.
6. The civil application is disposed of in the
aforesaid terms.
C.V. BHADANG, J.
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