Mr. Archie John Varel v. Shri Krishnakumar Karsandas Ashar
1 CRA 752-14 @ CAC 228-15.doc-32
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.752 OF 2014 WITH CIVIL APPLICATION NO.228 OF 2015 Shri Krishnakumar Karsandas Ashar.
] ... Applicant
Versus
Mr. Archie John Varel and Ors.
] ... Respondents Mr. Roshan Tanna for Applicant.
Mr. R. S. Apte for Respondents.
CORAM :- M. S. SONAK, J.
DATE :- JULY 20, 2015 P. C. :- 1.
The learned Advocate for Applicant, on basis of instructions from the son of the Applicant, who has authority to take decisions in the matter, states that during the pendency of this Civil Revision Application, the Applicant shall pay to the Respondent No.1landlord compensation at the rate of Rs.50,000/- (Rupees Fifty Thousand Only) per month with effect from 01/02/2015. The first of such payment shall be made on or about 05/08/2015 and payments in respect of the subsequent months shall be made on or before 10th date of each succeeding month. The arrears to be paid on or before 31/08/2015. The learned Counsel for Applicant, on basis of URS
2 CRA 752-14 @ CAC 228-15.doc-32 instructions as aforesaid, further states that even if the Applicant succeeds in this Civil Revision Application, the Applicant shall not seek any refund of the compensation of Rs.50,000/- per month which is being paid for use of the suit premises. These statements are accepted as undertakings to the Court.
2.
Since arguable issues are raised, particularly in the context of eviction from open area, Rule. There shall be ad-interim relief in terms of prayer clause (b), subject to payment of Rs.50,000/- (Rupees Fifty Thousand Only), as aforesaid.
3.
The Applicant is further restrained from carrying out any repairs, renovations or structural changes to the suit premises. If at all there is any occasion for effecting tenantable repairs, the Applicant is granted liberty to apply to this Court.
4.
Hearing of this Civil Revision Application is expedited. 5.
Civil Application No.228 of 2015 is disposed of in the aforesaid terms.
(M. S. SONAK, J.) URS