Mahendra Prasad Barot (Original Resp.1) v. Smt. Shakuntala Rajnikant Gadkar (Original Pet.1)

1 CAC 301-15 in CRA 222-15.doc-PB-4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.301 OF 2015 IN CIVIL REVISION APPLICATION NO.222 OF 2015 Mahendra Prasad Barot.

] ... Applicant In the matter between :

Smt. Shakuntala Ranjikant Gadkar and Ors.

] ... Petitioners

Versus

Mahendra Prasad Barot and Anr.

] ... Respondents Mr. Pritesh Vyas for Applicant/Original Respondent. Smt. Manisha B. Gawde for Petitioners CORAM :- M. S. SONAK, J.

DATE :- JULY 02, 2015 P. C. :- 1.

This Civil Application seeks recall of order dated 29/06/2015, by which Rule was issued in the petition and ad-interim relief granted subject to certain condition.

2.

The learned Counsel for Applicant in Civil Application states that his name was not indicated on the cause-list and therefore he could not remain present on 29/06/2015 when the order was made.

3.

Insofar as grant of Rule is concerned, there is no obligation to hear the Respondents or their Advocate. Insofar as URS

2 CAC 301-15 in CRA 222-15.doc-PB-4 interim relief is concerned, the same has to be decided after giving due notice to the Respondents. In the present case, no interim relief has been granted. Only ad-interim relief has been granted and that too subject to the condition that the tenant deposits in this Court compensation at the rate of Rs.10,000/- (Rupees Ten Thousand Only). The order dated 29/06/2015 makes it clear that this determination is only on ad-hoc basis and specific opportunity has been granted to both the parties to place the material on record and to seek variation at the stage of confirmation of ad-interim relief. The matter has been placed for consideration on 10/08/2015. The order incorrectly states that the matter is placed for grant of ad-interim relief, when, in fact, the order should have read that the matter is placed for confirmation of ad-interim relief already granted.

4.

In this view of the matter, although, it may be that the Advocate for Applicant/Original Respondent could not attend the Court on 29/06/2015 for valid reason, no useful purpose will be served by recalling the order dated 29/06/2015. The said order affords ample opportunity to the Respondent to place on record material in the matter of confirmation of ad-interim order and the reasonable compensation, which, the original Applicant ought to be directed to pay as a condition for interim relief. 5.

For the aforesaid reasons, Civil Application No.301 of 2015 is disposed of. There shall be no order as to costs. (M. S. SONAK, J.) URS