Allowed

M/S. Minerva Trading and Ors. v. the Oriental Insurance Co. Ltd. and Ors.

Bombay HC8 Aug 2012CAL/225/2012

Case brief

AI extract

What is this about?

Interim stay granted on eviction judgment under Public Premises Act, with conditions of monthly compensation payment of Rs.20 and later Rs.60 per sq.ft. plus interest.

What did the court decide?

Interim stay granted on execution of impugned judgments on condition of payment of compensation at Rs.20 per sq.ft. per month from July 1997 to July 2012 and Rs.60 per sq.ft. from August 2012.

M/S. Minerva Trading and Ors. Vs the Oriental Insurance Co. Ltd. and Ors. — Bombay HC (2012) — LawSathi Research

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c.a.225-12 in lpa-160-12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.225 OF 2012 IN LETTERS PATENT APPEAL NO.160 OF 2012 IN WRIT PETITION NO.5356 OF 2012

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Minerva Trading & Ors. ..Appellants

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Versus

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M/s.Oriental Insurance Co. Ltd. & Ors...Respondents.

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Mr. P.K. Dhakephalkar, Senior Advocate with Mr. Keshav Barhade for the appellants.

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Mr. V.Y. Sanglikar, for respondents.

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CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J. DATE : 08 August 2012.

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P.C.

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This is an application for interim stay of the judgment dated 24/26 July 2012 of the learned Single Judge of this Court dismissing the Writ Petition No.5356 of 2012, filed by the appellants herein challenging the judgment and order dated 4 August 2010 of the Estate Officer in Case No.29 and 29A of 1997 as confirmed by the judgment and order dated 24 April 2012 passed by the Bombay City Civil Court under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The appellants claim to be in possession of the premises in question admeasuring 301 sq. ft., on the second floor of the building known as Indian Mercantile Insurance Building (now known as

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The Oriental Insurance Building) situate at V.B. Gandhi Marg, Fort, Mumbai. The appellants have made out a prima facie case in the appeal which is admitted and pending for final hearing.

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The appellant is occupying 300 sq.ft., office premises in the Fort area of Mumbai, which is a prime commercial area. Though the market rate of the premises, if were to be taken on rent for the first time today, will be substantial, we cannot lose sight of the fact that the appellant is in occupation since last several years and the appeal is admitted. The respondent Insurance Company had prayed for compensation at the rate of Rs.20/- per sq. ft. at the time of filing the eviction case, which was in the year 1998. Recently we have had an occasion to consider fixing compensation pending appeal of a commercial premises in the same area and we had fixed the compensation at Rs.60/- per sq.ft.

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Having heard the learned counsel for the parties, we grant interim stay of the execution, operation and implementation of the impugned judgments and orders on condition that the appellants shall pay to the respondents, without prejudice to the rights and contentions of the parties, compensation at the rate of Rs.20/- per sq.ft. per month for the period from the date of institution of the eviction case i.e. from 1 July 1997 till the date of the judgment of the learned Single Judge i.e. till 31 July 2012. However, for the period from 1 August 2012 onwards the appellants shall pay to the respondents compensation at the rate of Rs.60/- per sq.ft., per month.

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As far as the respondents claim for interest on the amount of arrears is concerned, the appellants shall pay simple interest at the rate of 9% per annum on the amount of compensation at the rate of Rs.20/- per sq.ft. per month from the date of institution of the eviction case i.e. from 1 July 1997 onwards till the date of the judgment of the learned single Judge. The amount of compensation from August 2012 onwards shall be paid on or before 20th day of each month.

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The amount of arrears will be deposited within eight weeks from today. In case of two consecutive defaults, the interim stay shall stand vacated without any further reference to this Court.

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Civil Application stands disposed of accordingly.

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CHIEF JUSTICE

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(N.M. JAMDAR, J.)

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M/S. Minerva Trading and Ors. v. the Oriental Insurance Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Minerva Trading and Ors. v. the Oriental Insurance Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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