R.S.Sangvekar v. Indira Rani Through C.A.Uggrasen N. Punjabi

skc P12-CAW-2917-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2917 OF 2015 IN WRIT PETITION NO. 4100 OF 2003 R. S. Sangavekar ..

Applicant In the matter between :

R. S. Sangavekar ..

Petitioner vs.

Smt. Indira Rani through her C.A. Mr. U. N. Punjabi ..

Respondent Mr. G. T. Kanchanpurkar for Applicant.

CORAM : M. S. SONAK, J.

DATE: 20 OCTOBER 2015 P.C :

1] Not on board. Upon production, taken on board. 2] The learned counsel for the Applicant states that notice in this civil application has been served upon the Respondent, who has endorsed no objection to the grant of reliefs. 3] Accordingly, this civil application is made absolute in terms of prayer clause (b). This shall however be without prejudice to the rights of the Respondent to raise any contentions with regard to such deposit.

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skc P12-CAW-2917-15 4] Civil application is disposed of.

5] Further, place the main writ petition for further consideration on 24 November 2015 on the Supplementary Board. 6] The parties are at liberty to place the material on record which will assist this Court in determining reasonable compensation in accordance with the decision of the Apex Court in the cases of Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd.1 and State of Maharashtra & Anr. vs. M/s. Super Max International Pvt. Ltd. & Ors.2 This direction is issued because the Applicant, who is the original Petitioner has obtained interim relief restraining execution of the eviction decree but has made no provision for deposit of reasonable compensation.

(M. S. SONAK, J.) Chandka 2005 (1) SCC 705 2009 (5) ALL MR 1001 2/2