Shree Rama Multitech Ltd. v. Khandwala Securities Ltd.

p527-wp10354-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10354 OF 2017 Shree Rama Multitech Ltd.

...Petitioner

V/s.

Khandwala Securities Ltd.

...Respondent

Mr.V.Y. Sanglikar for the Petitioner.

Mr.Vivek Kantawala with Ms.Bhairavi Warandikar and Mr.Amey Patil i/b M/s.Vivek Kantawala & Co. for the Respondent. CORAM : M.S. SONAK, J.

DATE : 15TH SEPTEMBER, 2017.

P.C. :- 1.

Not on board. Upon production, taken on board. 2.

This petition is disposed of with the following order which is consented to by the learned advocates for the parties :- a).

The petitioner shall hand over possession of the suit premises to the respondent on 27th September, 2017 at 3:00 p.m., in the presence of the Assistant Registrar of the Small Causes Court, Mumbai, to be deputed by the Registrar of Small Causes Court, Mumbai.

b).

The officer so deputed by the Registrar of the Small Causes Court, Mumbai to prepare an inspection report as to the 1/2

p527-wp10354-17 status of the suit premises at the time of delivery of possession to the respondent and file the same before the Appellate Bench of the Small Causes Court, Mumbai.

c).

The delivery of possession by the petitioner to the respondent shall abide by the final orders that shall be made in Appeal No.161 of 2017 pending before the Appellate Bench of the Small Causes Court, Mumbai.

d).

The Appellate Bench of the Small Causes Court, Mumbai is directed to dispose of the said appeal on its own merits and in accordance with law as expeditiously as possible and in any case on or before 31st December, 2017.

e).

This petition is disposed of in the aforesaid terms. All concerned to act on the authenticated copy of this order. 3.

Mr.Kantawala, learned counsel appearing for the respondent wishes that this Court records that there was no challenge to the order dated 21st August, 2017 made below Exhibit-8 and consequently, the said order, remains unaltered, notwithstanding disposal of this petition by the aforesaid order. It is accordingly, ordered.

(M.S. SONAK, J.) 2/2