Allowed

Mrs.Priti Sandeep Patel v. Anil Amrchand Dalmia

Bombay HC21 Oct 2021IA/1370/2021

Case brief

AI extract

What is this about?

This interim application allowed the original respondent/landlord to withdraw amounts deposited in the court registry and with the Competent Authority, subject to furnishing undertaking and indemnity bond.

What did the court decide?

Permitted withdrawal of Rs.26,40,150/- from court registry and Rs.10,00,000/- from Competent Authority upon furnishing undertaking and indemnity bond.

Mrs.Priti Sandeep Patel Vs Anil Amrchand Dalmia — Bombay HC (2021) — LawSathi Research

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Tandale

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 21-IA-1370-2021 in Wp-116-2019.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.1370 OF 2021 IN

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WRIT PETITION NO.116 OF 2019

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Mrs.Priti Sandeep Patel… Applicant.
In the matter between :-
Anil Amarchand Dalmia… Petitioner.
V/s.
Mrs.Priti Sandeep Patel… Respondent.

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Mr.Nitin Patil i/b. Mr.D.S. Mahamuni, Advocate for Applicant in Interim
Application and Orig.Respondent in Writ Petition.

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Mr.Amogh Singh i/b. Mr. Amol Wagh, Advocate for Respondent in Interim
Application and Orig.Petitioner in Writ Petition.

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CORAM : A.S. GADKARI, J.
DATE : 21st October, 2021.

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P.C. :

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1. This is an application filed by the original Respondent/landlord

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for withdrawal of the amount of Rs.26,40,150/- deposited in the Registry of

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this Court in furtherance of Order dated 4th January, 2019 and a sum of

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Rs.10,00,000/- deposited by the Respondent /original Petitioner before the
Competent Authority.

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2.This Court vide Order dated 4th January, 2019, while granting
stay to the execution of Judgment and Order dated 15th February, 2018 passed

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 21-IA-1370-2021 in Wp-116-2019.odt

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Tandale

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by the Competent Authority, Konkan Division, Mumbai and confirmed by the
Additional Commissioner, Kokan Division, Mumbai in Appeal/Desk/MRCA/
Rev No.221 of 2018, had directed the Respondent/original Petitioner to
deposit an amount of Rs.26,40,150/- within stipulated period as specifically
mentioned therein. The Respondent/original Petitioner has accordingly
deposited the said amount in the Registry of this Court.

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3.Learned counsel for the Applicant/original Respondent submitted
that, as a matter of fact, the Respondent/original Petitioner has also deposited
a sum of Rs.10,00,000/- with the Competent Authority during the pendency
of the Revision Application filed by the Respondent/original Petitioner before
the Revisional Authority.

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4.Mr.Singh, learned counsel appearing for the Respondent/original
Petitioner, on instructions, conceded to the said fact of the deposit of the said
amounts. He submitted that, the Respondent has filed an Affidavit-in-reply in
opposition of the Application.

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5.Record indicates that, the Applicant/original Respondent is
entitled for monthly compensation as per Order dated 15th February, 2018
passed by the Competent Authority in a proceeding initiated by her under
Section 24 of the Maharashtra Rent Control Act.

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6.In view thereof, the Applicant/original Respondent is permitted to
withdraw the said amount of Rs.26,40,150/- from the Registry of this Court

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 21-IA-1370-2021 in Wp-116-2019.odt

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Tandale

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upon furnishing usual undertaking. The Applicant/original Respondent is also
permitted to withdraw a sum of Rs.10,00,000/- deposited by the Respondent/
original Petitioner with the Competent Authority, upon furnishing necessary
undertaking and indemnity bond before the said Authority.

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7. It is needless to mention that, the right of the Applicant/original Respondent to recover balance amount, if any, from the Respondent/original Petitioner arising out of the suit property and Orders impugned herein is expressly kept open.

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8. Application is allowed in the aforesaid terms.

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9. All the concerned to act on the basis of an authenticated copy of

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this Order.

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[A.S. GADKARI, J.]

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Digitally signed by MANOJ R MANOJ R TANDALE TANDALE Date: 2021.10.27 10:54:48 +0530

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Mrs.Priti Sandeep Patel v. Anil Amrchand Dalmia

Case brief

What is this about?

What did the court decide?

Mrs.Priti Sandeep Patel v. Anil Amrchand Dalmia

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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