Dinesh Bachubhai Shah, Thr. C.A. ... vs The Board Of Trustees For The Port Of ...
2024 Latest Caselaw 2782 Bom

Bombay High Court

Dinesh Bachubhai Shah, Thr. C.A. ... vs The Board Of Trustees For The Port Of ... on 30 January, 2024

                                                                                                  25.cra.149.2023.doc


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION

                                             CIVIL REVISION APPLICATION NO. 149 OF 2023


                                Dinesh Bachubhai Shah, Thr. C. A.
                                Taheribhai Fakhurddin Khokar                      ...Applicant
                                           V/s.
                                Mumbai Port Authority and Ors                     ...Respondents

                                                   ____________________________________

Amol
            Digitally signed
         by Amol                Mr. Prerak Choudhary for the Applicant.
Diliprao Date:
         Diliprao Nawale


Nawale 2024.02.03
         17:22:50 +0530         Roop Basu i/b. M/s. The Law Point for Respondent No.1.

                                                   ____________________________________

                                                                CORAM      : RAJESH S. PATIL, J.

                                                                DATED      : 30 JANUARY 2024
                                P.C.:

1. This Civil Revision Application is filed by the original Defendant who had preferred an Appeal before the Appellate Bench Court of the Small Causes challenging the judgment and decree passed by the Trial Court in L. E & C. Suit No.69/88 of 1984. In the pending Appeal before the Appellate Bench Court of the Small Causes, order was passed directing to Appellant as a condition of stay to deposit a sum of Rs. 1,50,000/- per month from the date of the passing of the decree i.e. 15 June 2021.

2. Mr. Chaoudhary appearing for the Applicant submits that even though in the suit land the Appellant is the tenant of the Mumbai Port Authority (for short "MbPA"), but on the suit land

Amol D. Nawale

25.cra.149.2023.doc

there is a building and occupants have found a society and the society is paying the Applicant a meagre amount of Rs.8,000/- per month. Therefore, it will not be possible for the Applicant to pay a sum of Rs.1,50,000/- to the Respondent per month.

3. Mr. Basu appearing for the Respondent has tendered in this Court affidavit in reply to Civil Revision Application. Applicant is hereby permitted to file a rejoinder to the reply filed by the Respondents. Learned counsel for the Respondents also submits that Appeal No.80 of 2022 in which conditional order was passed, which is under challenge before this Court, has now been dismissed during the pendency of the Civil Revision Application. However, he fairly submits that MARJI Application has been preferred by the Applicant before the Appellate Authority, which is pending for hearing.

4. Stand over to 20 February 2024.

(RAJESH S. PATIL, J.)

Amol D. Nawale