Shrinivas Gopal Pandit vs Smt. Jaywanti Amrutlal Oswal
2022 Latest Caselaw 11090 Bom

                       (14)-IA-140 & 141-21.doc.


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
          Digitally
          signed by

BALAJI
          BALAJI
          GOVINDRAO
GOVINDRAO PANCHAL
                                     INTERIM APPLICATION NO.140 OF 2021
                                                      IN
PANCHAL   Date:
          2022.10.20
          09:56:47
          +0530

                                   CIVIL REVISION APPLICATION NO.6 OF 2020
                                                    WITH
                                     INTERIM APPLICATION NO.141 OF 2021
                                                      IN
                                   CIVIL REVISION APPLICATION NO.5 OF 2020

                       Shrinivas Gopal Pandit                                 ..Applicant

                       IN THE MATTER BETWEEN

                       Shri. Amrutlal Khemchand Oswal
                       Since deceased through his legal heirs
                       Smt. Jaywanti Amrutlal Oswal & Anr.                    ..Applicants
                             Versus
                       Shrinivas Gopal Pandit & Anr.                          ..Respondents

                       Mr. P. D. Dalvi, for the Applicant in both Interim Applications.
                       Mr. Satyajeet Rajeshirke, for the Respondent.

                                                   CORAM : NITIN W. SAMBRE, J.

DATE : 19th OCTOBER, 2022

P.C.

1. This Court on 12th December, 2018, while granting ad- interim relief directed the revision applicant to deposit compensation at the rate of Rs.8,000/- per month with effect from 1st July, 2017 and liberty was granted to the landlord to seek determination of compensation in terms of judgment of the Apex

BGP. 1 of 2 (14)-IA-140 & 141-21.doc.

Court in the matter of Atma Ram Properties (Private) Limited Vs. Federal Motors Private Limited reported in 2005(1) SCC 705.

2. The suit shops are admittedly used for the purpose of trading jewellery in the city of Kolhapur.

3. Considering the area, the location and the nature of business carried out by the revision applicant, in my opinion, it will be appropriate to direct the applicant/tenant to pay compensation at the rate of Rs.12,000/- per month to be deposited on or before 10th of each English calendar month.

4. The amount be deposited from the date of application i.e. 1st November, 2020.

5. Arrears be deposited in the Court below within period of three months from today.

6. Both these applications stand allowed in above terms.

                                             [NITIN W. SAMBRE, J.]




BGP.                                                         2 of 2