Shrinivas Gopal Pandit v. Smt. Jaywanti Amrutlal Oswal

(14)-IA-140 & 141-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.10.20 09:56:47 +0530 INTERIM APPLICATION NO.140 OF 2021 BALAJI GOVINDRAO PANCHAL IN CIVIL REVISION APPLICATION NO.6 OF 2020 WITH INTERIM APPLICATION NO.141 OF 2021 IN CIVIL REVISION APPLICATION NO.5 OF 2020 Shrinivas Gopal Pandit ..Applicant

IN THE MATTER BETWEEN

Shri. Amrutlal Khemchand Oswal Since deceased through his legal heirs Smt. Jaywanti Amrutlal Oswal & Anr.

..Applicants

Versus

Shrinivas Gopal Pandit & Anr.

..Respondents Mr. P. D. Dalvi, for the Applicant in both Interim Applications. Mr. Satyajeet Rajeshirke, for the Respondent. CORAM : NITIN W. SAMBRE, J.

DATE : 19th OCTOBER, 2022 P.C.

1.

This Court on 12th December, 2018, while granting adinterim relief directed the revision applicant to deposit compensation at the rate of Rs.8,000/- per month with effect from 1st July, 2017 and liberty was granted to the landlord to seek determination of compensation in terms of judgment of the Apex BGP.

(14)-IA-140 & 141-21.doc.

Court in the matter of Atma Ram Properties (Private) Limited Vs. Federal Motors Private Limited reported in 2005(1) SCC 705. 2.

The suit shops are admittedly used for the purpose of trading jewellery in the city of Kolhapur.

3.

Considering the area, the location and the nature of business carried out by the revision applicant, in my opinion, it will be appropriate to direct the applicant/tenant to pay compensation at the rate of Rs.12,000/- per month to be deposited on or before 10th of each English calendar month.

4.

The amount be deposited from the date of application i.e. 1st November, 2020.

5.

Arrears be deposited in the Court below within period of three months from today.

6.

Both these applications stand allowed in above terms. [NITIN W. SAMBRE, J.] BGP.