Shri. Bhagawatilal Teckchand ... vs Shri. Sanjay Ganesh Puranik And ...
2023 Latest Caselaw 2333 Bom

                                                                                        912-wp-3065-2023.doc



                              Pallavi
                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION
           Digitally signed
           by PALLAVI
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2023.03.13
           10:45:23
                                                       WRIT PETITION NO.3065 OF 2023
           +0530



                                   Shri. Bhagawatilal Teckchand Mehta (deceased)
                                   Thru. LHRs.                                   ... Petitioners
                                          Versus
                                   Shri. Sanjay Ganesh Puranik and Ors.          ... Respondents

                                          Mr. Shirish V. Pitre, for the Petitioners.


                                                                      CORAM: MADHAV J. JAMDAR, J.

DATE : 10th MARCH 2023

P.C.:

1. Mr. Pitre, learned counsel states that the amount which is

required to be paid as per order dated 10th January 2023 is about

Rs.12 Lakhs as Rs.20,000/- p.m. was determined as compensation to

be paid during the pendency of the Appeal. However, it appears that

Reg. Civil Suit No.157 of 2017 was dismissed by Judgment and

Decree dated 10th January 2023 and in the same Appeal, order is

passed below Exh.22 on the same day i.e. on 10 th January 2023 on

the basis of the Judgment of M/s. Atmaram Properties (P) Limited

Vs. Federal Motors Pvt. Ltd.1, to pay compensation of Rs.20,000/-

p.m. from the date of decree passed in Reg. Civil Suit No.34 of 1996

i.e. on 8th June 2017 till handing over the suit premises to the

landlord/Respondent and the same is directed to be paid to the

1. LAWS (SC)-2004-12-28

912-wp-3065-2023.doc

Respondent No.3.

2. Judgment in the case of M/s. Atmaram Properties (P) Limited

(supra) deals with the amount of compensation which the tenant

should be directed to be deposited during the pendency of the

Appeal.

3. Issue notice to the Respondents, returnable on 6th April 2023.

To be heard along with Writ Petition No.3066 of 2023.

4. In addition to Court notice, Petitioner to serve the Respondents

by private service and file affidavit of service before the returnable

date.

5. Till next date, ad-interim relief in terms of prayer clause (b) on

the condition that the Petitioners deposits in the Trial Court, the said

arrears of about Rs.12 Lakhs within a period of six months. However,

an amount of Rs.2 Lakhs be deposited within a period of two weeks

from today.

(MADHAV J. JAMDAR, J.)