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Bombay High CourtIA/20504/2022disposed off

Shri Bhalchandra Pandurang Gaikwad And ORS v. Shri Parasnath Jagdeo Jaiswal

2023-08-11Hon'Ble Shri Justice Abhay Ahuja2 pages

KVM 1/2 23 - IA 20504 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 20504 OF 2022 IN CIVIL REVISION APPLICATION NO. 570 OF 2016 KANCHAN VINOD MAYEKAR Date: 2023.08.11 19:53:41 +0530 KANCHAN VINOD MAYEKAR Bhalchandra Pandurang Gaikwad & Ors.

..... Applicants

VERSUS

Parasnath Jagdeo Jaiswal ..... Respondent Mr.B.K.Raje for the Applicant/Respondent in C.R.A. Mr.A.S.Karwande for the Revision Applicants.

CORAM: ABHAY AHUJA, J.

DATE : 11th AUGUST, 2023 P.C:- On 16th June, 2023, following order was passed :- INTERIM APPLICATION NO.20504 OF 2022

1. None for the Interim Applicant. Mr.Ghawre holding for Mr.Karwande reiterates that Respondent has already deposited the amount as per order dated 24th February 2023. Stand over to 11th August 2023.

INTERIM APPLICATION NO.20497 OF 2022

1. Mr.Ghawre holding for Mr.Karwande submits that in view of the deposit of the amount, the present Interim Application would not survive. Accordingly, the same is disposed as infructuous.

2.

Today Mr.Raje appears in IA/20504/2022 and submits that

KVM 2/2 23 - IA 20504 of 2022.doc although the payment of rent has been made till December 2023, however the landlord was compelled to take out this application in view of the delay in making payment of rent.

3.

Mr.Karwande, learned counsel for the revision applicants draws the attention of this Court to the reply dated 27th January, 2023 and submits that it was due to the National lock-down on account of Covid19 pandemic that the payment could not be made. Learned counsel would submit that despite this the efforts were made by the revision applicants to deposit the amount.

4.

Considering that the payment of rent has already been made till December 2023, this Court deems it appropriate to dispose of the interim application with direction to the revision applicant to make payment of rent of Rs.5,330/- from January 2024 onwards atleast by the 10th of every month.

5.

Application is accordingly disposed.

[ABHAY AHUJA, J.]