Shekhar Shetty v. Madhavlal N. Pitte And ANR.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.199 OF 2014 WITH WRIT PETITION NO. 200 OF 2014 WITH WRIT PETITION NO. 201 OF 2014 WITH CIVIL APPLICATION (ST.) NO. 27284 OF 2015 IN WRIT PETITION NO. 201 OF 2014 WITH CIVIL APPLICATION (ST.) NO. 27285 OF 2015 IN WRIT PETITION NO. 199 OF 2014 WITH CIVIL APPLICATION (ST.) NO. 27286 OF 2015 IN WRIT PETITION NO. 200 OF 2014 --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. B.N. Shukla with Mr. Dhumchhappa i/b M/s. D.J. Kamdin & Co. for the Petitioner.

Mr. V.R. Gaikwad for Respondent No.1-Shekhar N. Shetty. CORAM :

M. S. SONAK, J.

DATE : 05 OCTOBER 2015.

P.C. :- 1] Not on board. Upon production, taken on board. 2] In the order dated 14 July 2015, in paragraph '5', in line Nos. 1 and 2 of page 4, substitute the amount of Rs.56,400/- by "Rs.97,700/-" and the amount of Rs.96,700/- by "Rs. 56,400/-".

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3] In paragraph '7', substitute the amount of Rs.56,400/- by "Rs.96,700/-"

and the amount of Rs.96,700/- by "Rs. 56,400/-".

4] In paragraph '8', substitute Writ Petition No. 201 of 2014 by "Writ Petition No. 200 of 2014" and Writ Petition No. 200 of 2014 by "Writ Petition No. 201 of 2014".

5] In paragraph '11', in line '5' substitute the figure Rs.20,000/- by "Rs.35,000/-" and in line '6' substitute the figure Rs.9,000/- by "Rs.15,000/-".

6] Similarly, in paragraph '11', in the lat line, substitute the figures Rs.35,000/- and Rs.15,000/- by "Rs.20,000" and "Rs.9,000/-".

7] The cause title of the order dated 14 July 2015 to be modified in terms of preceipe handed in.

8] Necessary correction be carried out in the original order as well as in the order uploaded on the website. 9] Further, it is pointed out that as against the order dated 14 July 2015, Respondent Shekhar N. Shetty had preferred a Special Leave Petition, which has since been dismissed. However, said Shekhar Shetty had applied for extension of time vide Civil Application (St.) Nos. 27284, 27285 and 27286 of 2015 to deposit arrears. Although, the 2/4

said Civil Applications are not on board, with consent of learned counsel for the parties, same is taken on board and disposed of today.

10] The facts and circumstances set out in the Civil Applications, the extension of two months from today is granted for deposit of arrears of the enhanced compensation. However, it is made clear that Mr. Shekhar Shetty to continue to deposit the compensation at the enhanced rates as directed by the Appeal Court in the order which was impugned in the Writ Petitions. In case, there is any default in the deposit of compensation or for that matter the arrears within the time prescribed/time extended, the interim order obtained by Mr. Shekhar Shetty to stand vacated.

11] It is further clarified that although Mr. Shekhar Shetty has been referred to as tenant, the issue as to whether Mr. Shekhar Shetty is a tenant or occupant is kept open for determination by the Appeal Court.

12] Accordingly, the prceipe as well as Civil Application (St.) Nos. 27284, 27285 and 27286 of 2015 are disposed of.

13] All concerned to act upon the basis of authenticated copy of this order.

(M. S. SONAK, J.) 3/4

CERTIFICATE "Certified to be true and correct copy of original signed Judgment/Order."

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