This High Court interim application extended the deadline for an applicant to deposit rent arrears at the Small Causes Court until August 25, 2023, and directed the court to accept future deposits.
Time extended for deposit of rent arrears until August 25, 2023; Small Causes Court directed to accept payments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Digitally signed by IN THE HIGH COURT OF JUDICATURE AT BOMBAY SONALI SONALI MILIND CIVIL APPELLATE JURISDICTION MILIND PATIL PATIL Date: 2023.08.04 14:41:52+0530 INTERIM APPLICATION NO.14057 OF 2023
INTERIM APPLICATION NO.14057 OF 2023 IN
WRIT PETITION NO.2484 OF 2006
Jayantilal Chimanlal Shah ...Applicant In the matter between: Sarojben Mahendra Shah & Anr. ...Petitioner Versus Kamlesh Harnamsingh Chowhan ...Respondent
Mr. Prajit Vora & Mr. Hemal, i/b. Navdeep Vora & Associates, for the Applicant.
Mr. Amey Patil, i/b.Vivek Kantawala & Co., for the Respondent.
CORAM : MADHAV J. JAMDAR, J. DATED : 4th AUGUST 2023
P.C. :
Applicant and Mr. Amey Patil, learned counsel appearing for
the Respondent.
Judge continued the interim order passed in Writ Petition
No.2484 of 2006 on certain conditions. The operative portion
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as contained in paragraph No. 5 of the said order dated 16th November 2010 is reproduced hereinbelow for ready reference:-
“5] Hence, application is disposed of by passing the following order:
(a) Interim order passed in the writ petition shall continue to operate till the disposal of the writ petition, subject to the condition of the respondent (petitioner in writ petition) depositing with the trial Court a sum of Rs. 5,000/ per month by way of reasonable compensation over and above the contractual rent. This amount shall be payable from the date of decree of possession which is impugned in the writ petition.
(b) Time is granted to the respondent to deposit arrears payable upto 30 th November, 2010, till 31st March, 2011. However, the respondent (petitioner in writ petition) shall continue to deposit a sum of Rs.5,000/ with the trial Court from December, 2010 onwards, on or before 15th date of every calender month.
(c) In view of the order dated 22 nd April, 2009 passed in Writ Petition No.4143 of 2009, the applicant plaintiff shall not be permitted to withdraw the said amount deposited by the petitioner and the same shall be invested in fixed deposit from time to time.”
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for the Applicant that there was some default after July-2022 and the office of Small Causes Court, Mumbai has refused to accept the further payment. He states that if time is extended for a period of one week, the amount will be deposited in the Registry of the Small Causes Court, Mumbai.
[MADHAV J. JAMDAR, J.]
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Jayantilal Chimanlal Shah
Kamlesh Harnamsingh Chowhan
MADHAV J JAMDAR
As recorded by the court registry
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