Bombay High Court
Mrs. Sheela Sushilkumar Madhumal vs Mr. Firoz Badruddin Ajani And Anr on 6 October, 2022
Bench: Nitin W. Sambre
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913.WP.11276.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION
WRIT PETITION NO. 11276 OF 2022
Sheela Sushilkumar Madhumal ...Petitioner
vs.
Firoz Badruddin Ajani & Ors. ...Respondents
Adv. Nitesh Shantaram Nevshe for Petitioner
Smt. M. S. Srivastava, AGP for the respondent no. 3
CORAM : NITIN W. SAMBRE, J.
DATED : 6th OCTOBER, 2022
P.C.:
1. Leave to amend.
2. Liberty to add challenge to the execution proceeding, if so
desired.
3. The present petitioner suffered a decree for eviction in
relation to suit premises bearing shop nos. 26 & 26A, admeasuring
423 sq. ft.
4. In the appeal of the petitioner being civil appeal no. 250 of
2018 the prayer for grant of stay to the judgment and decree
dated 15/02/2018 came to be allowed with following conditions:
(i) The appellant to deposit the costs of the suit
within period of two months from the date of this order.
(ii) The appellant to deposit an amount of
Rs.5,40,000/- towards arrears of rent and mesne profit
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@ Rs.15,000/- per month from 1/09/2012 till the date of
decree within a period of two months from the date of
this Order.
(iii) The appellant to pay Rs.44,000/- per months
towards fair compensation/occupation charges of the
suit premises from the date of impugned judgment till
decision of the appeal. The arrears of occupation
charges from the date of impugned decree till June
2020 shall be deposited within a period of three months
from the date of this order and occupation charges from
July 2020 shall be paid every month till 15 th of such
month till decision of appeal.
5. After having heard learned Counsel for the petitioner for
sometime, on instructions from the petitioner, who is present in
the Court a statement is made that an amount of Rs.5,40,000/-
shall be deposited before the Executing Court by 31/10/2022.
6. A further statement is made that instead of fair
compensation/occupation charges of Rs.44,000/- per month, the
petitioner shall deposit the an amount of Rs.25,000/- per month
without prejudice to her rights in the present petition. It is
submitted that the said amount shall also be deposited by
31/10/2022. The aforesaid statement is also made on instructions
from the petitioner.
7. As such, it is claimed that the petitioner shall be depositing
an amount of Rs.13,50,000/- towards the aforesaid compensation.
8. In view of the aforesaid statements which is accepted as an
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undertaking, there shall be a stay to the execution proceedings
until further orders.
9. It is made clear that the aforesaid deposit is without
prejudice to the rights of the petitioner in pending civil suit for
specific performance being suit no. 681 of 2013.
10. It is made clear that in case if the amounts as undertaken
hereinabove is not deposited by 31/10/2022, the interim relief
ordered by this Court shall seize to operate without referring to
the Court.
11. Until further orders the amount of compensation is directed
to be kept in fix deposit in view of the judgment of the Apex Court
in the matter of Atma Ram Properties (P) Ltd. vs Federal Motors
(P) Ltd. reported in (2005) 1 SCC 705.
12. In this background, issue notice to the respondents,
returnable on 15/11/2022.
13. Learned AGP waives service of notice on behalf of the
respondent no. 3
(NITIN W. SAMBRE, J.)
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