M/S. Hakoba Ltd. And Ors vs Rajan Motiram Jayakar And Ors
2022 Latest Caselaw 12515 Bom

                                                      7-CRA 50.2022 with CRA 242.2018.doc


K.S. Jadhav
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                CIVIL REVISION APPLICATION NO. 50 OF 2022
                                          WITH
                CIVIL REVISION APPLICATION NO. 242 OF 2018

    M/s Hakoba Ltd. & Ors.,                               ...Applicants
                                                          (Original
                                                          Obstructionists)
            Versus
    Rajan Motiram Jayakar & Ors.,                         ...Respondents
                                                          (Nos.1 to 4 are
                                                          Original Plaintiffs
                                                          and No.5 is Original
                                                          Defendant)

                                         ----------
    Mr. Dinesh Jain i/b M/s. L.C. Tolat & Co., Advocate for
    Applicants.
    Mr. Girish Godbole a/w Mr. Zulfiqar Jariwala and Ms. Anushka
    Panchmatia i/b MDP & Partners, Advocates for Respondent Nos.
    1 to 4.
                                         ----------
                                  CORAM : R.I. CHAGLA, J.

                                  DATE       : 2nd DECEMBER, 2022.
    ORDER :

1. Mr. Godbole, learned Counsel appearing for the

Respondents has brought to the Court's notice that pursuant to

7-CRA 50.2022 with CRA 242.2018.doc

the order dated 18th February, 2022 passed by this Court, the

Respondents had computed the arrears of compensation amount

and had prepared the month-wise chart which was shared with

the Applicants. He has tendered the updated calculation of

compensation payable by the Applicants as per the order dated

29th July, 2017. The statement of calculation is taken on record

and marked 'X' for identification. A copy of which has also

been made available by the Respondents to the Applicants.

2. The learned Advocate for the Applicants states that he is

holding for the arguing counsel, who is not available today. It

is noted that opportunities have been given in the past for the

Applicants to remain present before this Court. Mr. Godbole has

pointed out that by the said order dated 29th July, 2017 passed

by the Appellate Bench of Small Causes, Mumbai there had been

a stay of the execution and operation of the Consent Decree

dated 20th June, 2003 to the extent of the direction in

impugned Judgment and Order dated 9 th July, 2012 passed by

the Trial Court to deliver possession of portion out of suit

7-CRA 50.2022 with CRA 242.2018.doc

premises by the Applicants/Original Obstructionists subject to

deposit of the compensation in respect of suit premises

mentioned in the operative part at Paragraphs 3 and 4 of the

said order. The Applicants have despite the stay granted, not

deposited any amount. By virtue of the stay, the possession of

the suit premises remains with the Applicants/Original

Obstructionists. He has submitted that the Appellants have

computed the upto date compensation payable by the

Applicants / Original Obstructionists as per the statement which

has been taken on record and marked 'X' for identification.

Accordingly, the stay be vacated.

3. As and by way of last opportunity, Civil Revision

Application is stood over to 7th December, 2022, High on Board.

[R.I. CHAGLA, J.]