Canara Bank vs Taruna Kishore Thakural
2021 Latest Caselaw 1676 Bom

                                                    12-iast-92760-20 in cra-st-92751-20


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

             INTERIM APPLICATION (ST) NO. 92760 OF 2020
                                 IN
          CIVIL REVISION APPLICATION (ST) NO. 92751 OF 2020

 Canara Bank                                     ..Applicant
      Vs.
 Taruna Kishore Thakural                         ..Respondent
                                       ----

 Mr. G. V. Murti a/w. Mr. Mohun Rao i/b. M/s. MSR & Associates, for
 the Applicant.
 Ms. Eventa A. Gonsalves a/w. Reyden L. Gonsalves, for the
 Respondent.

                                       ----

                                      CORAM : C.V. BHADANG, J.

DATE : 25th JANUARY 2021

P.C.

. Heard the learned counsel for the parties for some time.

2. The applicant Bank, had obtained premises, belonging to the

respondent on Leave and License basis @ Rs.140/- per sq. ft. per

month, for the ground floor and Rs.70/- per sq. ft. per month, for

the basement. Undisputedly, the possession of the premises has

been handed over to the landlords on 15/9/2010. The issue in the

present revision application is only regarding the payment of rent /

occupation charges from 15/11/2008 to 15/9/2010 i.e. for a period

of 22 months. By the impugned judgment, the Appellate Bench has

Mamta Kale page 1 of 2

12-iast-92760-20 in cra-st-92751-20

confirmed the order passed by the Small Causes Court directing the

payment @ Rs.151/- per sq. ft. per month for the ground floor and

Rs.75.50 ps. per sq. ft. per month for the basement. The said

amount has been directed to be paid alongwith interest @ 14% per

annum, for the reason that the premises has been used for

commercial purpose.

3. The learned counsel for the applicant, on instructions,

submitted that the applicant is ready and willing to pay the

occupation charges @ Rs.140/- per sq. ft. per month for the ground

floor and Rs.70/- per sq. ft. per month for the basement.

4. In such circumstances, stand over to 15/2/2021. There shall

be ad-interim relief in terms of prayer clause (a) subject to the

applicant depositing occupation charges @ Rs.140/- per sq. ft. per

month, for the ground floor and Rs.70/- per sq. ft. per month, for

the basement after adjusting the amount of Rs.2,85,000/- already

received by the respondent. The said amount shall be deposited

alongwith interest @ 11% per annum within two weeks from today.

The amount to be deposited before the Small Causes Court at

Mumbai.

C.V. BHADANG, J.

      Mamta Kale                                                   page 2 of 2