Allowed

Ashish Haralalka v. M/S. State Trading Corporation of India Ltd.

Bombay HC13 Feb 2024IA/13544/2023

Case brief

AI extract

What is this about?

Applicants in pending civil revision applications sought amendment to plead sale instances from the same building to show higher per sq.ft rates relevant to mesne profits. The respondent, despite adjournments, filed no reply. Allowing the applications as uncontroverted, the court granted leave to amend within three weeks.

What did the court decide?

Leave granted to carry out amendments as per schedule within 3 weeks; interim applications disposed of; merits kept open.

Ashish Haralalka Vs M/S. State Trading Corporation of… — Landlord and Tenant | Bombay HC (2024)

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10-IA-13542-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 13542 OF 2023 IN

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CIVIL REVISION APPLICATION NO. 989 OF 2014

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Smt. Krishna Devi Harlalka (since ...Applicant Deceased) Mr. Ashish Haralalka Versus M/s. State Trading Corporation Of India ...Respondent Ltd.

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WITH

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SNEHA NITIN CHAVAN

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Digitally signed by SNEHA NITIN CHAVAN Date: 2024.02.14 18:58:41 +0530

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INTERIM APPLICATION NO. 13544 OF 2023

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CIVIL REVISION APPLICATION NO. 1010 OF 2014

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Mr. Ashish Haralalka ...Applicant Versus M/s. State Trading Corporation Of India ...Respondent Ltd.

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Mr. Nusrat Shah a/w Kevin Gala, Archana Jha i/b Samaa Shah for the Applicant.

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None for the Respondent.

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CORAM : M.M.SATHAYE, J. DATE : 13^th FEBRUARY 2024

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P.C. :

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Heard learned counsel for the Applicants. None appears for the Respondent.

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These applications are filed by the Petitioners in the revision applications seeking amendment to add averments and bring on

page 1 /2

Sneha Chavan

10-IA-13542-2023.doc

record certain sale instances from the same building in which subject matter premises are situated to demonstrate higher rate per sq.ft. It is submitted that these averments and sales instances are relevant for the purpose of deciding mesne profits.

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Earlier record shows that on 26.07.2023, Respondent sought time to take instructions and file reply, if necessary. Thereafter, on 18.12.2023, it was submitted that learned counsel for the Respondent has been recently engaged and time was sought to file appearance as well as reply. On both the occasions, request for time was granted. Despite that, no reply is filed till date and office note confirms this position.

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In light thereof, considering the uncontroverted averments made in the applications and nature of prayers, these interim applications are allowed in terms of prayer clause (a). The Applicants are permitted to carry out amendment as per the schedule. It is clarified that merits of the contentions, as raised in the amendment including sale instances, are kept open to be decided at the appropriate time.

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Amendment to be carried out within a period of 3 weeks from today. Interim applications are disposed of.

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Civil Revision Applications to stand over to 05.03.2024

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page 2 /2

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Sneha Chavan

Ashish Haralalka v. M/S. State Trading Corporation of India Ltd.

Case brief

What is this about?

What did the court decide?

Ashish Haralalka v. M/S. State Trading Corporation of India Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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