Smt. Neela Yashwant Thakoor v. Mr. Sohail Husain Kopty And ANR.

DSS 914-wp-5827-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5827 OF 2014 Smt. Neela Y. Thakoor .. Petitioner vs.

Sohail H. Kopty & anr.

.. Respondents Ms Z.S. Irani for the Petitioner.

Mr. P.R. Kadam for Respondent No.1.

Mr. Ameya Tamhane for Respondent No.2.

CORAM :

M. S. SONAK, J.

DATE : 25 AUGUST 2015.

P.C. :- 1] This petition is disposed of by the following agreed order:

a] That respondent No.1 shall, within a period of four weeks from today, deposit before the Trial Court an amount of Rs.15,000/- without prejudice to the contention that all arrears have been cleared and there are no further amounts due and payable;

b] The petitioner shall, within a period of two weeks from the date of such deposit, take out an appropriate application before the Trial Court in the matter for claim of alleged arrears and furnish a copy thereof to respondent No.1;

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DSS 914-wp-5827-14 c] The Trial Court shall thereafter decide whether any arrears towards cess, taxes or otherwise are indeed due and payable and thereafter make an appropriate order with regard to the amount deposited by respondent No.1;

d] The Trial Court to dispose of such application as expeditiously as possible and in any case within a period of three months from the date of same is made. e] All contention of all parties are kept open for decision by the Trial Court.

2] This petition is disposed of in the aforesaid terms. 3] All concerned to act on the basis of authenticated copy of this order.

(M. S. SONAK, J.) dinesh 2/2