Mukesh S/O Gulabchand Kasliwal ... vs Chaturbhuj S/O Rameshwardas ...
2022 Latest Caselaw 5115 Bom

                                                     1/2                      25-WP 2315.2022

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

                     WRIT PETITION NO. 2315 OF 2022
                 Mukesh s/o Gulabchand Kasliwal and another
                                     vs.
                 Chaturbhuj s/o Rameshwardas Agrawal (Bajaj)
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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.R.L.Khapre, Senior Advocate assisted by Mr.D.R.Khapre, Advocate for petitioners.

                                        CORAM          :       MANISH PITALE J.
                                        DATE           :       07/06/2022

Heard Mr. R. L. Khapre, Senior Advocate for the petitioners.

2. It is submitted on behalf of the petitioners that the impugned judgment and order passed by the Civil Judge Junior Division, Gondia on an application filed by the sole respondent under Section 8 of the Maharashtra Rent Control Act, 1999 for fixation of standard rent is rendered erroneous for the reason that the scheme contemplated under the provisions of the said Act as regards permissible increase in rent is not taken into consideration.

KOLHE 2/2 25-WP 2315.2022

3. It is further submitted that the application itself ought to have been dismissed as not maintainable for the reason that the tenant i.e. partnership firm was not made a party.

4. It is further submitted that even if the increase in rent in terms of the scheme contemplated under the provisions of the said Act was to be granted, it would at the most come to an amount of Rs.2300/- per month for the reason that even as per the respondent the original rent was only Rs.1000/- per month.

5. Issue notice, returnable on 19thJuly, 2022.

6. In the meanwhile, there shall be ad- interim relief in terms of prayer clause (II) subject to the petitioners depositing an amount of Rs.2300/- by 10th day of every month w.e.f. June, 2022 during the pendency of the present writ petition, in this Court.

7. Registry to take appropriate steps as per standard practice for investment of the amounts being deposited.

JUDGE Signed By:RAVIKANT CHANDRAKANT KOLHE Private Secretary

Signing Date:07.06.2022 18:46

KOLHE