Bombay High Court
Mozawala Fayyaz Mohammed Iqbal vs The State Of Maharashtra Thr Government ... on 7 May, 2024
KVM
1/5
43 - WP 12642 OF 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12642 OF 2023
ALONGWITH
INTERIM APPLICATION NO. 7393 OF 2024
IN
WRIT PETITION NO. 12642 OF 2023
Mozawala Fayyaz Mohammed Iqbal ..... Petitioner/
Applicant
VERSUS
The State of Maharashtra & Ors. ..... Respondents
Mr.Sharique Nachan a/w. Mr.Susmit Phatale, Mr.Hassan Khan for
the Applicant/Petitioner.
Mr.Vaibhav Chaudhari for the Respondent Nos.4 and 5.
CORAM: RAJESH S. PATIL, J.
DATE : 7 MAY, 2024
P.C. :-
The present proceedings arises out of the leave and licence
agreement between the petitioner (licensee) and the respondent
nos. 4 and 5 (licensors).
2. There is leave and licence agreement entered into between
KVM
43 - WP 12642 OF 2023.doc
the petitioner and the respondent nos. 4 and 5. Since the
petitioner did not vacate the suit flat, an eviction application was
filed under section 24 of the Maharashtra Rent Control Act.
3. The respondent nos. 4 and 5 succeeded before the
Competent Authority and before the Konkan Commissioner.
Admittedly, the possession of the suit flat has been handed over
back by the petitioner to the respondent nos.4 and 5 on 5
October, 2023.
4. Hence, the issue between the parties is limited now to the
amount of compensation payable by the petitioner to the
respondent nos. 4 and 5. The period for which the compensation
payable is from 1 February, 2023 to 5 October, 2023.
5. Admittedly, the security deposit of Rs.2,14,000/- was paid
by the petitioner is lying with the respondent nos. 4 and 5 and so
also a sum of Rs.5,35,000/- is lying with the Competent
Authority (respondent no.3).
KVM
43 - WP 12642 OF 2023.doc
6. Learned counsel for the petitioner submits that his client is
ready to settle this dispute and pay a further sum of
Rs,2,14,000/- in order to settle the entire dispute between the
parties. He submits that the security deposit lying with the
respondent nos. 4 and 5 can be adjusted towards the outstanding
amount and a further sum of Rs.5,35,000/- along with accrued
interest with the Competent Authority, can be allowed to be
withdrawn by the respondent nos.4 and 5.
7. Without prejudice to the rights and contentions, in order to
show his bonafide, the petitioner is directed to deposit a sum of
Rs.2,14,000/- with the Competent Authority (respondent no.3),
within a period of one week from today.
8. The respondent nos. 4 and 5 is not permitted to withdraw
any of the amount deposited by the petitioner including that of a
sum of Rs.2,14,000/- which will be deposited within one week
and the earlier deposit of Rs.5,35,000/-.
KVM
43 - WP 12642 OF 2023.doc
9. Issue notice to the other respondents, returnable on 2 July,
2024.
10. Apart from the Court notice, the applicant is also permitted
to serve the respondents by private notice, by all permissible
modes of service and file affidavit of service before the next date
of the hearing.
11. Mr.Vaibhav Chaudhari, learned counsel waives notice on
behalf of the respondent nos. 4 and 5.
12. In the meanwhile, till further orders are passed by this
Court, there will be ad-interim relief in terms of prayer clause (b)
of the writ petition. The said prayer clause (b) reads as under :-
(b) Pending the hearing and final disposal of the
present Writ Petition, this Hon'ble Court be pleased
to stay the effect, operation and implementation of
the Impugned Judgment dated 08.05.2023 passed by
KVM
43 - WP 12642 OF 2023.doc
Ld. Competent Authority in Eviction Application No.
185 of 2022 (being Exhibit A hereto) and Impugned
Order dated 21.08.2023 passed by the Respondent
no.2 (being Exhibit-C hereto) and further be pleased
to pass order thereby directing all the parties to
maintain status quo in respect of the licensed
premises.
[RAJESH S. PATIL, J.]
