Idbi Bank Limited vs Shri. Bajpe Shivram Shetty
2022 Latest Caselaw 7771 Bom

                                                                           39 CRA-17-2020.doc

BDP-SPS-TAC



   BHARAT
   DASHARATH
   PANDIT
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   Digitally signed
   by BHARAT
   DASHARATH
                                           CIVIL APPELLATE JURISDICTION
   PANDIT
   Date: 2022.08.12
   18:03:39 +0530                   CIVIL REVISION APPLICATION NO.17 OF 2020

                      IDBI Bank Ltd.                                .... Applicant
                            V/s
                      Shri Bajpe Shivram Shetty                     .... Respondent

                                                     WITH
                                CIVIL REVISION APPLICATION (ST) NO.3563 OF 2021
                                                     WITH
                                      INTERIM APPLICATION NO.1487 OF 2021
                                                       IN
                                CIVIL REVISION APPLICATION (ST) NO.3563 OF 2021


                      Shri Bajpe Shivram Shetty                 ..... Applicant
                            V/s
                      IDBI Bank Ltd.                            ..... Respondent.
                      ----
                      Mr. Rakesh Kumar Singh for the Applicant.
                      Mr. S.G. Deshmukh a/w Sheroo Kanuga i/b Sapna Nath for the
                      Respondent.
                      ----
                                       CORAM: NITIN W. SAMBRE, J.

                                          DATE:    AUGUST 10, 2022

                      P.C.:-

                      1]       Heard Mr. Singh, learned Counsel for the Applicant/judgment
                      debtor.     He would urge that in landlord-tenant dispute, decree was

delivered on 25/7/2003. However, pursuant to the Consent Terms, possession was received by the Respondent/landlord on 27/11/2007. According to him, mesne profit is awarded from 1/10/2000 to

39 CRA-17-2020.doc

27/11/2007 and subsequent thereto, though possession was already handed over in November, 2007.

2] As such, he would urge that court below committed an error in awarding mesne profit for such period for which there was either no dispute pursuant to consent decree or for the period before passing the decree.

3] Mr. Deshmukh, learned Counsel appearing for decree holder has strenuously opposed the claim. According to him, nature of decree under challenge in the revision is money decree and that being so, Applicant/judgment debtor should be put to strict condition of deposit of the amount.

4] There appears to be substance in the submission of Mr. Deshmukh, learned Counsel appearing for decree holder.

5] In response to above, Mr. Singh learned Counsel for Applicant/judgment debtor submits that amount under decree shall be deposited within a period of four weeks from today.

6] As such, adjourned to 12th September, 2022. As Applicant/judgment debtor has undertaken to deposit the amount, till then there shall be no coercive action.

( NITIN W. SAMBRE, J. )