Bombay High Court
Smt. Damyanti Prabhakar Worlikar vs Kisan Bhiku Salekar on 12 August, 2024
2024:BHC-AS:32458
Gayatri Shimpi 14-IA-18315-2022.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 18315 OF 2022
WITH
INTERIM APPLICATION NO. 18347 OF 2022
IN
CIVIL REVISION APPLICATION NO. 113 OF 2021
Damyanti Prabhakar Worlikar & Ors. ....Applicants
V/s.
Kisan Bhiku Salekar ....Respondent
________________________________________________
Mr. Aniruddha A. Sapre, for the Applicants.
Mr. Shailesh Redekar i/b Ms. Mohini Thorat, for the Respondent - State.
________________________________________________
CORAM : SANDEEP V. MARNE, J.
Date : 12 AUGUST 2024.
P.C. :
INTERIM APPLICATION NO. 18315 OF 2022
1) This application is filed for fixation of interim compensation payable
during pendency of the Civil Revision Application. The suit has been
decreed by the Appellate Bench of Small Causes Court on 6 March 2021.
Therefore, there cannot be dispute to the position that the Respondent
tenant will have to deposit interim compensation for the losses suffered by
the landlords due to delay in execution of decree as per Judgment of the
Apex Court in M/s. Atma Ram Properties (P) Ltd Vs M/s. Federal Motors
Pvt. Ltd.1
1. (2005)1 SCC 705
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Gayatri Shimpi 14-IA-18315-2022.docx
2) The Applicants have relied upon valuation report under which the
rent in respect of the suit premises is indicated at Rs.16,984.87 per month
and the Respondents have relied upon their own valuation report in which
the rental value of the premises is indicated at Rs. 6931/-.
3) The Suit premises admeasure 120 sq.ft. in the centre of Mumbai city
in Worli location. It is true that the suit structure is quiet old and there is no
attached sanitation facilities to the suit premises. In my view, considering the
above position it would be in the interest of justice to fix the amount of
interim compensation @ Rs.10,000/- per month. The Civil Revision
Applicants, therefore, will have to deposit the interim compensation of
Rs.10,000/- from the date of decree of the Appellate Bench i.e. from 6
March 2021.
4) Mr. Redekar, the learned counsel appearing for Civil Revision
Applicant prays for some time for making the deposit in respect of arrears.
5) Accordingly, I proceed to pass the following order.
(i) The amount of interim compensation payable in respect
of the suit premises is fixed at Rs.10,000/-;
(ii) The Civil Revision Applicant shall deposit in this Court
the amount of interim compensation @ Rs. 10,000/- per
month from 6 March 2021 till decision of the Civil Revision
Application;
(iii) The arrears in respect of the interim compensation
from 6 March 2021 till 31 October 2024 shall be deposited
in this Court on or before 31 October 2024.
(iv)The Civil Revision Applicant shall thereafter continue to
deposit the interim compensation on or before tenth day of
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each successive month from November 2024 onwards till
decision of the Civil Revision Application.
6) With the above directions, Interim Application is disposed of.
INTERIM APPLICATION NO. 18347 of 2022.
7) Considering the nature of allegations raised in the Application for
seeking vacation of interim order passed by this Court coupled with the
stand taken by the Civil Revision Applicant in the written statement, in my
view, the interim application needs to be decided along with the Civil
Revision Application.
8) List the Interim Application along with Civil Revision Application for
final hearing on 18 October 2024.
[SANDEEP V. MARNE, J.]
GAYATRI RAJENDRA
RAJENDRA SHIMPI
SHIMPI Date:
2024.08.14
09:55:53 +0530
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