Vijay S/O. Shankarrao Talewar vs Prafull S/O. Sadashiv Buty (Huf) Thr. Karta, Shrikrishna P. Buty — Bombay HC (2025) — LawSathi Research

Vijay S/O. Shankarrao Talewar vs Prafull S/O. Sadashiv Buty (Huf) Thr. Karta, Shrikrishna P. Buty — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final relief decided at this admission-stage hearing. One week granted to petitioner's counsel to take instructions and make a clear statement, with liberty to deposit the licence fee arrears on or before the next date; respondent's counsel to convey arrears payable till July 2025 within two days; matter posted for further consideration on 01.08.2025 and may be taken up for hearing at the stage of admission.

Issue for consideration

Whether the order dated 22.11.2024 of the Small Causes Court striking off the petitioner-licensee's defence (on an application under Order 15-A r/w Section 151 CPC) calls for interference in this writ petition.

Court's answer

One week's time granted to the petitioner's counsel to take instructions and make a clear statement about depositing the entire amount of arrears before making submissions on merits; the petitioner is at liberty to deposit the amount of arrears on or before the next date.

Key takeaways

Since the pursis does not state the correct amount of arrears, the learned counsel for respondent is to convey to the petitioner's counsel the amount of arrears payable till July, 2025 within two days.obiter¶20

Detailed headnote1 paragraphs

Interim order — Bombay High Court, Nagpur Bench, Writ Petition No.514 of 2025 (Prafulla S. Khubalkar, J., 25th July 2025): Challenge to the Small Causes Court order dated 22.11.2024 striking off the petitioner-licensee's defence on an application under Order 15-A read with Section 151 CPC for non-payment of leave and licence fee arrears. Petitioner's counsel sought time to take instructions on clearing the entire arrears including 5% increase per the registered leave and licence document; respondent opposed, citing repeated non-compliance with orders and undertakings, the unchallenged order dated 31.03.2023 (Exh.49) under Order 15-A CPC which has attained finality, the order dated 22.07.2024 in Writ Petition No.2511/2024, and a pursis dated 19.06.2025 showing arrears of Rs.5,15,630/- till 30.06.2025 (Rs.2,94,000/- paid; balance exceeding Rs.2,00,000/-). The Court granted one week to take instructions and make a clear statement, permitted deposit of arrears before the next date, directed respondent's counsel to convey the arrears payable till July 2025 within two days, and posted the matter to 01.08.2025, observing it may be heard at the stage of admission. No final view expressed on the challenge.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

WRIT PETITION NO.514 OF 2025

(Vijay s/o Shankarrao Talewar, Prop. M/s. Sai Anand Bhandar, Sitabuldi, Nagpur Vs. Prafull s/o Sadashiv Buty (HUF), thr. its Karta Shri Shrikrishna s/o Prafull Buty)

---------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar’s Orders.

Mr. S. S. Shingane, Advocate for Petitioner. Mr. R. M. Sharma, Advocate for Respondent.

CORAM: PRAFULLA S. KHUBALKAR, J. DATE: 25th JULY, 2025.

Heard learned counsel for petitioner as well as respondent for some time.

The challenge in this petition is to the order dated 22.11.2024 passed by the Small Causes Court on an application under Order 15-A read with Section 151 of the Code of Civil Procedure by which the defence of the respondent i.e. petitioner herein is struck off. Advocate Mr. Shingane, the counsel for petitioner/licensee seeks time to take instructions about clearing the entire arrears of the licence fees including 5% increase as per the terms of the registered document of leave and licence.

Advocate Mr. Sharma, learned counsel for respondent strongly opposes this request and points out from several orders passed by the learned trial Court as well as this Court that there is repeated non-compliance with the orders passed by the Court and the undertaking given by the

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respondent. Advocate Mr. Sharma invites attention of the Court to the document of leave and licence and also order dated 31.03.2023 passed by the learned trial Court on an application under Order 15-A of the CPC thereby directing the petitioner to pay the arrears of licence fees within the stipulated time. He also invites the attention to order dated 22.07.2024 passed by this Court in Writ Petition No.2511/2024 and submits that the petitioner has repeatedly failed to comply with the directions and undertaking about clearance of arrears.

Advocate Mr. Sharma points out that by a pursis dated 19.06.2025 the details of arrears are placed on record, which demonstrates that till 30.06.2025 the petitioner is in arrears of Rs.5,15,630/- and even if the amount of Rs.2,94,000/- paid by the petitioner is deducted, still the petitioner is in arrears of more than Rs.2,00,000/as on today. He, therefore, submits that apart from the conduct of the petitioner in repeated non-compliance with the orders, the order dated 31.03.2023 on application at Exh.49 is not challenged and it has attained finality. Even as regards the impugned order he submits that the learned trial Court has taken into consideration the conduct of the petitioner and the impugned order is passed accordingly. On all these counts he strongly opposes the petition. He also relies on various case laws in support of his submission.

Since the counsel for petitioner has requested for time to take instructions about depositing the entire amount of arrears before making submissions on merits, I am of the

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opinion that one opportunity needs to be granted to the petitioner by way of one week time to take instructions and make a clear statement. The petitioner is at liberty to deposit the amount of arrears on or before next date.

Learned counsel for petitioner states that the pursis does not mention the correct amount of arrears and in this regard learned counsel for respondent is ready to convey to the petitioner’s counsel the amount of arrears payable till the month of July, 2025 within two days.

Put up the matter for further consideration on 01.08.2025.

The parties to take note that the matter may be taken up for hearing at the stage of admission.

(PRAFULLA S. KHUBALKAR, J.)

NSN

Signed by: Mr. N.S. Nikhare Designation: PS To Honourable Judge Date: 29/07/2025 12:09:20