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Bombay High CourtWP/8550/2018disposed off

Mr. Shailesh Shetty v. Mr. Ralph Sujay Kotian

2022-04-22Hon'Ble Shri Justice G. A. Sanap2 pages

31-wp-8550-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8550 OF 2018 Mr. Shailesh Shetty

...Petitioner

V/s.

Mr. Ralph Sujay Kotian

...Respondent

---- Mr. Amit B. Thorat h/f. Mr. Vinayak Patil, for the Petitioner. ---- CORAM : G. A. SANAP, J.

DATE : 22 April 2022 Digitally signed by MAMTA AMAR KALE Date:

2022.04.26 17:01:07 +0530 MAMTA AMAR KALE P.C.

.

Heard the learned Advocate for the petitioner. Perused the record and proceeding.

2.

In this petition, the order dated 12 January 2017 passed by the Competent Authority under Section 44 of the Maharashtra Rent Control Act, 1999 is subject matter of challenge. This order was passed in the revision and as per this order, the order passed by the Competent Authority under Section 24 of the Maharashtra Rent Control Act, 1999 dated 28 September 2015 came to be confirmed. As per order dated 28 September 2015, the petitioner was ordered and directed to vacate the subject premises and also to pay compensation @ Rs.4,400/- per month Mamta Kale page 1 of 2

31-wp-8550-2018.doc from 1 August 2004.

3.

During the pendency of this petition, there is stay to the execution of the order. The learned Advocate for the petitioner, on instructions, submits that the order dated 28 September 2015 has been executed and the possession of the subject premises has been delivered to the respondents. It is seen from perusal of the record that no document has been placed on record to indicate that the amount of compensation ordered by the Competent Authority was deposited by the petitioner. In view of this position, nothing survives in the petition. The petition stands dismissed.

(G. A. SANAP, J.) Mamta Kale page 2 of 2