Bombay High Court
Canara Bank vs Mrs. Kalpana Amit Doshi And Ors on 30 January, 2024
29.cra.782.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.782 OF 2023
Canara Bank ...Applicant
V/s.
Mrs. Kalpana Amit Doshi And Ors. ...Respondents.
____________________________________
Ms. Shailja Shukla for the Applicant.
Amol
Digitally signed
by Amol Darshnchandra B. Zaveri for the Respondents.
Diliprao
Diliprao Nawale
Date:
Nawale 2024.02.03
17:22:50 +0530
____________________________________
CORAM : RAJESH S. PATIL, J.
DATED : 30 JANUARY 2024
P.C.:
1. This Civil Revision Application is filed by original
defendant challenging an order passed in below Exhibit-18, in
Execution Application No.28 of 2023.
2. It is the case of the original plaintiff/landlord that they
have already received possession of the suit premises on 30 April
2012. Thereafter, the original plaintiff filed an application being
mesne profit application no.2 of 2013. The said mesne profit
application no.2 of 2013 was decided by the Trial Court on 14
June 2017 thereby directed defendant to pay the balance amount
of mesne profits at the rate of 150 sq.ft. Per month in respect of
the entire suit premises for the period from 18 April 2009 to 30
Amol D. Nawale
29.cra.782.2023.doc
April 2012. However, it was further directed that TDS should be
adjusted in the said amount of Mesne Profits so also service tax to
be adjusted accordingly. It was further directed that the Defendant
to pay to the Plaintiffs interest @ 12% p.a. on the said amount of
mesne profits from 19 April 2009 till actual payment. It was also
also directed all arrears of municipal taxes for the period from 18
April 2009 till 30 April 2012 should be paid by the Defendant. The
said judgment and decree passed by the Trial Court on 14 June
2017 was dismissed was challenged by way of Misc. Appeal
No.115 of 2017 before the Appellate Bench of Court of the Small
Causes. By the judgment and decree dated 24 October 2019, the
said Miscellaneous Appeal filed by the original Defendant was
dismissed. The judgment and decree passed by the Trial Court was
lightly modified and the Defendant was directed to pay mesne
profits at the rate of Rs. 150/- per sq. ft. per month for the period
of 19 April 2009 to 30 April 2012. The interest was to be paid @
12% p.a. from 19 April 2009 till actual payment on the aforesaid
amount of mesne profits. The TDS and Service Tax was to be
adjusted accordingly. Since the said amounts were not paid in the
Execution Application was filed by the Original Plaintiff. Learned
counsel appearing for the Original Plaintiff submits that warrant of
attachment already passed on 12 September 2023 against the
original defendant.
4. On 16 December 2023 the original defendant/bank
preferred an application/Exhibit-18 to deposit the money in the
Court along with the said application a copy of the calculation
sheet was attached at Exhibit-A.
Amol D. Nawale
29.cra.782.2023.doc
5. For ease of reference, a copy of calculation sheet is
scanned and reproduced hereinbelow :
Amol D. Nawale
29.cra.782.2023.doc
6. It is the case of the original plaintiff that the defendant
was liable to deposit a sum of Rs.3,76,52,438.67 till 31 December
2020. However, as per the calculation made by the Defendant-
Bank that the said amount much less and it should be a sum of
Rs.3,67,96,396.54. Hence, the Executing Court by its order dated 9
January 2024 after hearing the parties disposed of Application
Exhibit 18, thereby permitting defendant to deposit the amount as
per its calculation made in calculation sheet at Exhibit-7, without
prejudice to the rights and contentions of the Plaintiff on or before
22 February 2024. However, the present Writ Petition which was
filed on 20 February 2020 challenges the order dated 24 October
2019 along with order dated 2 May 2011.
7. Stand over to 7 February 2024.
(RAJESH S. PATIL, J.)
Amol D. Nawale
