Kamal Karamchandani v. Sachin Nagarale Through C.A. R.S.Pandey

wp10352-19.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10352 OF 2019 Kamal Karamchandani

...Petitioner

vs Sachin Nagarale Through C.A. R.S. Pandey

...Respondent

......

Mr. P.J. Thorat, i/b. Mr. Manoj K. Bhatia, for the Petitioner. Mr. A.C. Gavnekar, i/b. Ms. Neelam Morey, for the Respondent. ......

CORAM : S.C. GUPTE, J.

DATED: OCTOBER 1, 2019 P.C. :

.

After the matter is heard at some length, learned Counsel for the parties agree to the following order being passed. It is, accordingly, ordered as follows :- (i) The Respondent shall vacate the suit premises latest by 24 October 2019.

(ii) The outstanding licence fee, if any, payable by the Respondent shall be adjusted against the cost of renovation incurred by the Respondent in respect of the suit premises. (iii) The Petitioner shall not return the security deposit originally pleaded by the Respondent with him at the inception of the licence. Pg 1 of 2

wp10352-19.doc (iv) The Respondent shall, however, be entitled to withdraw from the competent authority the deposit made by him towards interim compensation payable for the use of suit premises. The competent authority shall return this amount to the Respondent herein. (v) The Respondent shall also be entitled to take away all his furniture and fixtures and belongings lying within the suit premises without affecting the structure of the suit premises and, thereafter, handover vacant possession to the Petitioner, as provided above, latest by 24 October 2019. The Respondent undertakes to this Court to do so. The undertaking is accepted.

(vi) Writ petition is disposed of in the above terms. ( S.C. GUPTE, J. ) Smita Gonsalves Date: 2019.10.09 10:43:17 +0530 Smita Gonsalves Pg 2 of 2