Mr. Santosh Kumar S/O Ramujagir Gherau Tiwari v. The State Of Maharashtra Through Govt. Pleader And ORS.

915-wp-1260-2019.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.1260 OF 2019 Santosh Kumar S/o. Ramujagir Gherau Tiwari ] Petitioner Vs.

The State of Maharashtra and others.

] Respondents .....

Mr. Sushil Upadhyay i/b Mr. A.M. Saraogi, for the Petitioner. Mr. P.P. Pujari, A.G.P, for Respondent No.1.

Mr. Prasad Dani, Senior Advocate a/w Ms. Mahalakshmi Ganapathy and Aditi Bajaj i/b ALMT Legal, for Respondents No.2, 3a, 3b, 3c and 3d. Ms. Rishita Gandhi, Manager for Phoenix Mill Private Limited. .....

CORAM : R.G. KETKAR, J.

DATE : 6th FEBRUARY, 2019.

P.C.

Heard Mr. Upadhyay, learned Counsel for the petitioner, Mr. Pujari, learned A.G.P., for respondent No.1 and Mr. Dani, learned Senior Counsel for respondents No.2, 3a, 3b, 3c and 3d, at length. 2.

This Petition takes exception to the order dated 15th November, 2018 passed by the Appellate Bench of the Court of Small Causes at Mumbai in (P) Appeal No.218 of 2018. By that order, the Appellate Court allowed the application made by the petitioner under Order-XLI, Rule-5 of the Code of Civil Procedure, 1908 (for short 'C.P.C') for staying effect and operation of the judgment and decree dated 4th May, 2018 passed by the learned trial Judge in L.E. Suit No.31/35 of 2012. The Appellate Court directed the petitioner to deposit compensation @ Rs.12,000/- per month from the date of the decree i.e from 4th May, 2018 till 30th November, 2018 within the period of two months from the date of the order. The Appellate Court also directed the petitioner to

915-wp-1260-2019.odt go on depositing further monthly compensation @ Rs.12,000/- per month on or before 15th day of each month till final disposal of the appeal. 3.

Mr. Pujari, learned A.G.P waives service on behalf of respondent No.1 and Mr. Dani waives service on behalf of respondents No.2, 3a, 3b, 3c and 3d. Rule. Having regard to the narrow controversy raised in this Petition as also at the request and by consent of learned Counsel for the parties, Rule is made returnable forthwith and the Petition is taken up for final hearing. 4.

Mr. Dani, on instructions, states that instead of Rs.12,000/- per month, the petitioner be directed to deposit compensation @ Rs.7,000/- per month. He further submitted that the Appellate Court may be directed to dispose of the appeal in a time bound manner. 5.

In view thereof, by consent of the parties, the impugned order is modified. Figure "Rs.12,000/-" in clauses (a) (i) and (a) (ii) of the operative part of the order stands substituted by figure "Rs. 7,000/-". Rest of the order remains as it is.

6.

Mr. Upadhyay assures that within 4 weeks from today, the petitioner will deposit arrears of compensation for the period from 4th May, 2018 till 30th November, 2018 before the trial Court under intimation in writing to learned Counsel for respondents No.2, 3a, 3b, 3c and 3d. Time stipulated in clause (a) (i) of the operative part of the order is extended by a period of 4 weeks from today. The Appellate Court is requested to dispose of the appeal as expeditiously as possible and in any event, within six months from production of the authenticated copy of this order. Rule is made absolute in the aforesaid terms with no order as to costs. [R.G. KETKAR, J.]