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Bombay High CourtCAC/276/2019allowed

Mrs. Ketie Savak Merchant (Since Deceased) Thr. Lrs. Savak Merchant v. Framroz Apartment Private Limited

2020-02-13Hon'Ble Shri Justice A.S. Gadkari2 pages

26-CAC-276-2019.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 276 OF 2019 IN CIVIL REVISION APPLICATION NO. 582 OF 2016 Mrs. Ketie Savak Merchant (since deceased) through LRS Rohington Savak Merchant.

..Applicant In the matter between:

Framorz Apartment Pvt.Ltd ..Appellant Vs Mrs. Ketie Savak Merchant (since deceased) through LRS Rohington Savak Merchant.

..Respondents ----- Mr. D.S. Patil for Applicant.

Mr. Chirag Bhatia i/b Deepak Lad for applicant in C.R.A. ------ CORAM : A.S.GADKARI, J.

DATE : 13th February 2020.

P.C.:

1] This is an application by the applicants/original respondents for depositing monthly rent of Rs.3990.60ps payable for the period from 1.1.2019 to 31.12.2019 in the Registry of this Court and to permit to continue to deposit the amount of rent in the Registry of this Court till disposal of the Civil Revision Application No.582 of 2016.

2] Mr. Patil, the learned counsel for the applicants/original respondents submitted that, his client had tried to pay the said rent amount to the Revision 1/2

26-CAC-276-2019.doc Applicants/landlord, however, it refused to accept the same. 3] In view thereof, the applicants/original respondents is directed to deposit the said arrears of rent in the Registry of this Court and is further permitted to continue to deposit the said rent in the Registry of this Court till final disposal of Revision Application No.582 of 2016. 4] It is needless to mention that, the contentions of both the parties as regards deposit of the said rent is expressly kept open. 5] Civil Application is accordingly allowed.

(A.S.GADKARI, J.) 2/2