Ashokkumar S/O Khanchand ... vs Asha Panjuram Harwani (Dead) And ...
2022 Latest Caselaw 6871 Bom

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

                          WRIT PETITION NO.4064/2022
                         Ashokkumar S/o. Khanchand Sadhwani
                                         Vs.
                     Asha Panjuram Harwani (Dead) thr. L.Rs. & Ors.

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Office Notes, Office Memoranda of Coram,                    Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                       Mr. R.M. Bhangde, Advocate for the Petitioner.
                       Mr. R.D. Dharmadhikari, Advocate for Respondent No.2.

                                  CORAM : MANISH PITALE, J.

DATED : 19th JULY, 2022.

Heard learned counsel for the petitioner.

2. It is submitted that in the present case, the Appellate Court by the impugned judgment and order dated 06.05.2022, was not justified in partly allowing the appeal of the respondents and granting a decree of eviction on the basis of arrears of rent and further directing the petitioner to pay amount towards arrears of rent, for the reason that the notice issued by the respondents dated 27.11.2013, leading to initiation of proceedings against the petitioner, itself was defective and not in terms of the provisions of the Maharashtra Rent Control Act, 1999.

3. The contention raised on behalf of the petitioner is that by the aforesaid notice dated 27.11.2013, the respondents could not have claimed arrears on the basis of 4 per cent

-2- 950.WP.4064.2022.odt

permitted increase under Section 11 of the said Act for a retrospective period starting from 01.04.2000 till the date of issuance of notice. In support of the aforesaid contention, reliance is placed on judgment of this Court in the case of New Laxmi Cycle Company, Akola Vs. Jagdishchandra s/o Amrutlal Vakharia reported in 2009 (6) Mh.L.J. 906.

4. Issue notice to the respondents for final disposal, returnable on 19th September, 2022.

5. Mr. R.D. Dharmadhikari, learned counsel waives notice on behalf of respondent No.2.

6. It is submitted by the learned counsel appearing for respondent No.2 on caveat that as per his instructions, as on date, execution proceedings have not been initiated.

7. Liberty to the petitioner to move this Court for interim relief in case any coercive steps are taken.

JUDGE

Vijay

Digitally Signed By:VIJAY KUMAR Personal Assistant to Hon'ble JUDGE Signing Date:20.07.2022 21:10