Bombay High Court
Taranjitsingh Bedi vs Udyavara Raghvendra Acharya Since Decd ... on 1 August, 2024
2024:BHC-AS:30628
Gayatri Shimpi 1/4 906-WP-10788-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10788 OF 2024
Taranjitsingh Bedi ...Petitioner
V/s.
Udyavara Raghvendra Acharya and Ors. ...Respondents
WITH
WRIT PETITION (ST )NO. 21696 OF 2024
Surinder Kaur Bedi ...Petitioner
V/s.
Udyavara Raghvendra Acharya since deceased,
through Lrs and and Ors. ...Respondents
______________________________________________
Mr. Jaydeep Deo, for the Petitioner.
Ms. Dhruva Gandhi a/w Mr. Avdhoot Prabhu and Dhrumil C. Shah
i/b Lex Services, for the Respondent No.1(a) & 1(d) and Respondent
No.2.
______________________________________________
CORAM : SANDEEP V. MARNE, J.
Dated : 1 AUGUST 2024.
P.C. :
1) Writ Petition (ST) No.21696 of 2024 is not on board. Taken on
board, at the request of the learned counsel appearing for the parties.
1 August 2024
Gayatri Shimpi 2/4 906-WP-10788-2024.docx
2) These Petitions challenge orders dated 29 July 2024 passed by
the Appellate Bench of Small Causes Court by which applications
filed by Petitioner seeking condonation of delay in deposit of arrears
of interim compensation as well as seeking extension of time of four
months for deposit of such arrears dismissed.
3) It appears that Petitioners have suffered decrees for eviction on
25 May 2012 which are subject matter of challenge in Appeals filed by
them before the Appellate Bench. Following the Judgment of the
Apex Court in Atma Ram Properties (P) Ltd Vs. Federal Motors (P)
Ltd.1, the Appellate Bench granted stay to the decree of the Trial
Court on the condition of Petitioners depositing amount of
Rs.1,25,000/- and Rs.41,000/- towards interim compensation during
pendency of the Appeals. The said orders dated 10 April 2013 passed
by the Appellate Bench have been confirmed by this Court and by the
Apex Court.
4) There is no dispute to the position that the amount of interim
compensation has been deposited by the Petitioners regularly till
March 2020. It is the Petitioners' case that on account of COVID-19
outbreak, the interim compensation could not be paid after April
2020. It appears that, on account of failure on the part of the
Petitioners to deposit the amount of interim compensation,
Respondents / Plaintiffs took out execution proceedings and only at
that stage, Petitioners thought of moving applications in January
1 (200) 1 SCC 705
1 August 2024
Gayatri Shimpi 3/4 906-WP-10788-2024.docx
2024 seeking condonation of delay in deposit of interim
compensation as well as time of four months for payment of the
arrears. The Appellate Bench has proceeded to dismiss the
Applications by orders dated 29 July 2024.
5) It appears that the Appeals filed by Petitioners are pending
since the year 2012. There is no dispute to the position that
Petitioners have been regularly depositing the amount interim
compensation for eight long years up to March 2020.
6) In that view of the matter, when the Appeal is at fag end of the
decision, interest of justice demands that an opportunity needs to be
granted to the Petitioners to deposit the entire arrears of interim
compensation. However, since the Petitioners have delayed payment
of deposit of interim compensation after April 2020, they will have to
pay interest @ 8% on the amount of such interim compensation, in
respect of each month from April 2020 onwards.
7) Writ Petitions are accordingly disposed of by setting aside
order dated 29 July 2024 passed by the Appellate Bench of Small
Causes Court. Petitioners would be at liberty to deposit the entire
arrears of interim compensation from April 2020 along with interest
@ 8% p.a. payable from the date on which each deposit became due
till 31 August 2024. The amount shall be deposited by the Petitioners
on or before 31 August 2024. The Petitioners shall thereafter
continue depositing the amount of the interim compensation every
1 August 2024
Gayatri Shimpi 4/4 906-WP-10788-2024.docx
month from 1 September 2024. The execution proceedings initiated
by Respondents / Plaintiffs shall remain suspended till 31 August
2024. In the event, Petitioners deposit the entire arrears of interim
compensation along with interest till 31 August 2024, the executing
Court shall close the execution proceedings with liberty to the
Respondents / Plaintiffs to initiate fresh execution proceedings in the
event of any subsequent defaults on the part of the Petitioners.
8) With the above directions, both the Writ Petitions are disposed
of. Considering the fact the Appeals are pending since the year 2012,
the Appellate Bench shall accord due priority for its expeditious
disposal.
SANDEEP V. MARNE, J.
9) After the order is pronounced, the learned counsel appearing
for Respondent Nos. 1(a) & 1(d) and Respondent No.2 request for
stay of the order for a period of one week. Petitioners are granted
time of four weeks to make the deposit. Stay to the order is sought to
ensure execution of the decree. Therefore, the request for stay of the
order is rejected.
SANDEEP V. MARNE, J.
GAYATRI RAJENDRA
RAJENDRA SHIMPI
SHIMPI Date:
2024.08.02
15:00:16 +0530
1 August 2024
