Bombay High CourtCHS/1504/2015disposed off

Kamlakar Vasudo Kawli v. Jayant Vasudev Kawli And 8 ORS And Banke Ambika Rai Sharma (Applicant)

2017-01-12Hon'Ble Shri Justice K.R. Shriram2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICITON CHAMBER SUMMONS NO.1504 OF 2015 WITH NOTICE OF MOTION NO.81 OF 2015 IN SUIT NO.1012 OF 2014 Banke Ambika Rai Sharma ....Applicant

IN THE MATTER BETWEEN :

Kamlakar Vasudo Kawli ....Plaintiff V/s.

Jayant Vasudev Kawli & Ors.

....Defendants ---- Ms. Reema Merchant for the plaintiff.

Mr. R.R. Sharma for the applicant.

Ms. Aparna Muralidharan i/b. P.G. Lad for the defendant nos.1 & 2. Ms. Neha Choksi for the defendant nos.3 to 6. Mr. M.A. Yadav i/b. Mr. N.D. Jaywant for the defendant nos.7 to 9. ---- CORAM : K.R.SHRIRAM,J DATE : 12th JANUARY, 2017 P.C.:- Mr. Sharma, counsel appearing for the applicant states that in view of the dispute between the plaintiff and the defendants, the applicant being a tenant of one of the properties shown in the second Schedule annexed to the plaint, nobody has been coming forward to collect the rent and the applicant also does not know to whom the rent should be paid. Mr. Sharma further states that the Court Receiver has been appointed for all the properties and the applicant is ready Gauri Gaekwad

2/2 30.CHS-1504-2015.doc and willing to pay the rent to the Court Receiver of this court. Mr. Sharma states that within four weeks from today the applicant will pay the entire past rent and will continue to pay the future rent on the due date as per the agreement based on which the applicant claims to be a tenant. The statement is accepted. In view of the above, the chamber summons stands disposed.

It is also clarified that this order is without prejudice to the rights and contentions of the parties to the suit. The notice of motion no.81 of 2015 to be listed for hearing in due course.

The counsel for the plaintiff states that the plaintiff is 84 years of age and all the defendants have filed their written statement. Therefore, the suit be listed for issues on 24th January, 2017. (K.R.SHRIRAM,J) Gauri Gaekwad