Central Silk Board vs Meghdoot Co-Operative Housing Society ...
2024 Latest Caselaw 3613 Bom

Bombay High Court

Central Silk Board vs Meghdoot Co-Operative Housing Society ... on 6 February, 2024

This Order is modified/corrected by Speaking to Minutes Order dated 12/02/2024
                                                                         902.wp.1661.2024.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1661 OF 2024

 Central Silk Board                                     ...Petitioner
      Versus
 Meghdoot Co-operative
 Housing Society Ltd                                    ...Respondent

                    ____________________________________

 Niranjan P. Shimpi for Petitioner.
              ____________________________________

                               CORAM              : RAJESH S. PATIL, J.

                               DATED              : 6 FEBRUARY 2024
 P.C.:

1. This Writ Petition challenges the impugned order dated

19 October 2023 passed by the Appellate Bench of Court of the

Small Causes.

2. By the impugned judgment the Appellate Bench of the

Small Causes Court has partly allowed, the appeal filed by the

Petitioner.

3. Mr. Shimpi, learned advocate appearing for the

Petitioner submits that the possession of the suit property was

handed over on 31 July 2006. The dispute between the parties

remained only as regards (mesne profits). Mr. Shimpi submits that

Amol D. Nawale

This Order is modified/corrected by Speaking to Minutes Order dated 12/02/2024

902.wp.1661.2024.doc

the Petitioner is a Government Body, therefore, their not liable to

pay mesne profit. He further submits that agreed rent has been

paid by the petitioner and there is no outstanding amount.

Mr. Shimpti further submits that Petitioner being a non-

profiteering 100% Government aided Body, involve in undertaking,

assisting or encouraging scientific, technological and economic

research in silk industry and the office in the suit premises was

used for the same purposes only. It has not accrued any profit and

hence mesne profit application is not maintainable against it

and/or cannot be granted against the Petitioner. Mr. Shimpi

submits that that Petitioner has not been profiteering from the suit

premises, when the suit was pending before the Trial Court.

Therefore, the Petitioner could not be liable to pay any mesne

profit.

4. This a money decree passed against the petitioner. Mr.

Shimpi submits that as of today an amount of Rs.9,81,20,406.05

would be an outstanding amount as per the impugned judgment

passed by the Appellate Court as per the computation made by the

Small Causes Court. In order to show his bona fide, the Petitioner

is directed to deposit a sum of Rs.2,40,00,000/- within a period of

six weeks from today. Subject to the Petitioner depositing the said

Amol D. Nawale

This Order is modified/corrected by Speaking to Minutes Order dated 12/02/2024

902.wp.1661.2024.doc

amount, there will be stayed to the impugned judgment and

decree passed by the Appellate Court and Trial Court.

5. Issue notice to the Respondents, returnable after six

weeks. Apart from court notice, Petitioner is permitted to serve on

the Respondent by private notice, by all permissible modes service

and file affidavit of service before the next date of hearing.

6. Stand over to 2 March 2024.

7. Parties to act upon an authenticated copy of the order.

(RAJESH S. PATIL, J.)

Amol D. Nawale