Vijay Anant Gangan vs Zenabibi Gulam Rasool ...
2022 Latest Caselaw 12454 Bom

                                                                    7-cra-357-2017.doc
Sonali


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                             CIVIL REVISION APPLICATION NO. 357 OF 2017


                Vijay Anant Gangan                       ...Applicant
                    Versus
                Zenabibi Gulam Rasool
                Husseinbhai Jurullah & Ors.              ...Respondents


                Mr. Shailesh Naidu a/w. Ms. Shamiana Hussain a/w. Manoj Gujar,
                i/b. Rakesh Sawant, for the Applicant.

                Mr. Ranjeev Carvalho, i/b. M/s. Prakash & Co., for Respondent
                No.10.

                Mr. Vivek Kantawala a/w. Mr. Amey Patil, Shanay Bafna, i/b. M/s.
                Vivek Kantawala, for Respondent No.19.


                                        CORAM : MADHAV J. JAMDAR, J.

DATED : 1st DECEMBER 2022

P.C. :

1. This Court by order dated 5th November 2020, fixed the

compensation in terms of the Supreme Court's decision in Atma

Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. 1 at

Rs.2,50,000/- per month during the pendency of the Civil

Revision Application. The said order was challenged by

Respondent No.19 in the Supreme Court. 1 (2005) 1 SCC 705

7-cra-357-2017.doc Sonali

2. The Supreme Court in the decision dated 9 th November

2022 in Sumer Corporation vs. Vijay Anant Gangan, Civil

Appeal No.7774 of 2022 @ SLP (C) No. 16019 of 2020 issued the

following direction:

"8. In view of the above and for the reasons stated above, the present appeal succeeds in part. The impugned judgment and order passed by the High Court determining the compensation for the use and occupation of the premises by the tenant @ Rs. 2,50,000/- per month is hereby quashed and set aside. The matter is remitted back to the High Court to determine the compensation for the use and occupation of the premises in question by the tenant / lessee afresh and taking into consideration the observations made hereinabove. For that purpose, the parties may be permitted to lead the evidence on the rate of rent that would have been earned by the landlord / lessor, if the lessor would have been able to let out the premises and earn rent if the tenant would have vacated the premises. The aforesaid exercise be completed within a period of six months from the date of the receipt of the present order. Till a fresh decision on remand is taken by the High Court, by way of interim arrangement and subject to further decision that may be taken by the High Court on remand, we direct the respondent No. 1 to deposit the compensation at-least @ Rs. 2,50,000/- per month from the date of passing of the eviction decree, however, as observed hereinabove, the same shall be subject to the final decision / determination of compensation on remand."

7-cra-357-2017.doc Sonali

3. All the parties state that as per the order of the Supreme

Court, the Applicant has deposited Rs.2,50,000/- per month in

this Court.

4. Learned Advocate appearing for the Applicant and the

Respondents state that they will file their affidavits along with

supporting documents about compensation to be paid during

the pendency of Civil Revision Application and pointing out the

market rate of the suit premises within a period of three weeks

from today.

5. The rejoinder, if any shall be filed by 6th January 2023.

6. The Civil Revision Application is adjourned to 12 th

January 2023 at 2.30 p.m.

[MADHAV J. JAMDAR, J.] Digitally signed by SONALI SONALI MILIND MILIND PATIL PATIL Date:

2022.12.02 10:35:03 +0530