Bombay High Court
Punjab National Bank Ltd vs Sodality Investment Private ... on 12 July, 2023
Bench: Abhay Ahuja
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.92 OF 2020
WITH
CIVIL REVISION APPLICATION NO.93 OF 2020
WITH
CIVIL REVISION APPLICATION NO.94 OF 2020
WITH
CIVIL REVISION APPLICATION NO.95 OF 2020
PUNJAB NATIONAL BANK LTD. )...APPLICANT
V/s.
SODALITY INVESTMENT PRIVATE LIMITED )...RESPONDENT
Mr.P.J.Ramchandani, Advocate for the Applicant in all CRAs.
Mr.Atul Daga a/w. Ms.Taruna Nagpal i/by DSK Legal, Advocate for the
Respondent in all CRAs.
CORAM : ABHAY AHUJA, J.
DATE : 12th JULY 2023
P.C. :
1. These are Revision Applications against the impugned judgment
and order dated 11th September 2019 passed by the Appellate Bench of
Small Causes Court in Miscellaneous Appeal No.262 of 2016 in Mesne
Profit Application No.24 of 2007 as well as the judgment and decree
dated 31st March 2016 passed by the trial Court in Mesne Profit
Application No.24 of 2007 in T.E. & R. Suit No.274/298 of 2003.
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2. Mr.Ramchandani, learned Counsel for the Revision Applicant,
would submit that although the suit premises has already been handed
over to the Respondent herein pursuant to the eviction decree,
however, it is the rate at which mesne profit has been awarded, which
is under challenge in these Applications. Learned Counsel would
submit that the trial Court as well as the Appellate Court have awarded
mesne profit at the rate of Rs.114/- per square feet, per month, based
on the Respondent's Architect cum Valuer's Report and rejected the
Applicant's Architect cum Valuer's Report submitting instances which
suggest the rate of Rs.35/- to Rs.45/- per square feet, per month.
Mr.Ramchandani would further submit that the Respondent has, within
fifteen months of vacating the suit premises, let out the said premises
to Corporation-bank at the rate of Rs.69/- per square feet, per month,
which submission has also been rejected by both the Courts on
unsubstantiated grounds, such as there being a separate Amenities
Agreement executed between the Respondent and the Corporation-
bank. Considering that both Punjab National Bank and Corporation-
bank are public sector banks, this vast variance between the rates
would require consideration. Accordingly, the following order is
passed:
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ORDER
(i) Admit.
(ii) Registry is directed to call for Record and Proceedings within a
period of four weeks.
(iii) Let private paper book be filed within a period of four weeks
thereafter.
(iv) List on 13th September 2023, subject to removal of all office
objections.
3. At this stage, Mr.Ramchandani seeks a stay to the execution of
the impugned order stating that the Revision Applicant has already
deposited Rs.5,00,000/- in each matter, totalling to Rs.20,00,000/- in
the trial Court which is opposed by Mr.Daga.
4. Considering the above discussion, I am of the view that interests
of justice would be served if the Revision Applicant deposits
compensation at the rate of Rs.69/- per square feet, per month, offered
to Corporation Bank (less the amount already deposited) in respect of
the suit premises in each of the Petitions, in the trial Court within a
period of four weeks, subject to which the execution of the impugned
order would be stayed.
5. Mr.Atul Daga, also seeks some time to file a reply in the matter.
Let the replies be filed by the next date with a copy to the other side.
(ABHAY AHUJA, J.)
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