Shobha Shrichand Kungwani vs Hasan S/O Abdullah Dawawala
2021 Latest Caselaw 8542 Bom

                                          1/3                            07-WP 2233.2021

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                         WRIT PETITION NO. 2233 OF 2021

                           Mrs. Shobha Shirchand Kungwani
                                          vs.
                           Mr. Hasan s/o Abdullah Dawawala
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. Arjun Raoka, Advocate for petitioner.

                                         CORAM         :       MANISH PITALE J.
                                         DATE          :       28/06/2021

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. Heard learned counsel for the petitioner.

3. In the present case, the suit filed by the sole respondent for recovery of possession of the suit shop on the ground of arrears of rent was dismissed.

4. In the appeal filed by the respondent, by the impugned judgment and order, the Court of Adhoc District Judge - 3, Nagpur passed an order allowing the appeal and directing the petitioner to KOLHE

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handover the possession of the shop to the respondent apart from directing a inquiry into mesne profits. The learned counsel for the petitioner submits that in the present case the appellate Court committed a grave error in arriving at the conclusion that the petitioner was in arrears of rent.

5. It is submitted that an amount deposited of Rs.7000/- in the Court was completely ignored by the appellate Court. In fact this entry was deliberately suppressed by the respondent, demonstrating the error committed by the appellate Court in reversing the findings of the Small Causes Court and granting decree in favour of the respondent.

6. Issue notice for final disposal, returnable in eight weeks.

7. In the meanwhile, there shall be ad- interim stay in terms of prayer clause (2), subject to the petitioner depositing an amount of Rs.5000/- per month as occupational charges before this Court. The said amount from July, 2021 shall be deposited on or before seventh day of each month in this Court during the pendency of the writ petition. The arrears

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from February, 2021 to June, 2021 shall be deposited in this Court by the 31st August, 2021.

8. The respondent shall be entitled to withdraw the said amount. The deposit of the said occupational charges and withdrawal on the same shall be subject to the result of the present writ petition. It is also made clear that the quantum of the occupational charges will also be subject to modification upon hearing the petitioner and respondent on the returnable date.

9. The learned counsel for the petitioner submits that the petitioner has deposited an amount of Rs.15000/- before the Court below. Upon the petitioner showing proof of such deposit before the Court below, the Registry of this Court shall permit adjustment of the said amount towards payment of arrears from February, 2021 to June, 2021 as indicated above.

JUDGE

KOLHE