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Bombay High CourtMCA/943/2016dispossed offdismiss for default

Umiya Vijay Saw Mill Akot Thr. Kersen Devji Patel v. Anupkumar Murlimanohar Shrawagi

2016-09-23Hon'Ble Shri Justice A.S. Chandurkar2 pages

MCA-943-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO.943 OF 2016 in WRIT PETITION NO.5751 OF 2015 (D) Umiya Vijay Saw Mill, Akot -vsAnupkumar Murlimanohar Shrawagi ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. B. Moon, Advocate for applicant.

CORAM : A.S.CHANDURKAR, J.

DATE : September 23, 2016 It is submitted on behalf of the applicant that the determination of compensation in paragraph 5 of the judgment dated 27/06/2016 is erroneous as reference has been made to amount of Rs.3 lakhs per year as determination by the Appellate Court for 3000 sq. ft. area. It is submitted that this figure is on a higher side.

Though the amount of rent of Rs.3 lakhs per annum as taken by the Appellate Court was for 15,000 sq.ft., considering the fact that these figures were of the year 2006 I do not find any error apparent in the order directing deposit of compensation at the rate of Rs.7,50,000/- per year to exercise review jurisdiction. The application is therefore dismissed.

However, the applicant is granted time of four weeks to deposit the amount of compensation as per directions in paragraph 6 of the judgment.

JUDGE Asmita

MCA-943-16 2/2 -: C E R T I F I C A T E :- copy of the original signed Judgment/order."

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27/09/2016