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Bombay High CourtWP/6150/2024disposed off

M/S Shyam Silk Stores, Nagpur Thr. Proprietor, Shyamlal S/O. Rupchand Gawalani v. Juzar Kantawala S/O. Khurshid Husain

2024-11-27Hon'Ble Shri Justice N. R. Borkar2 pages

934-wp-6150-24(j).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 6150 of 2024 M/s Shyam Silk Stores, through Proprietor Shri Shyamlal S/o Rupchand Gawalani

Versus

Juzar Kantawala S/o Khurshid Husain Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Palash Chakole, Advocate for the petitioner. Shri Rahul Thakare, Advocate h/f Shri Darasingh Thakare, Advocate for the respondent.

CORAM : N.R.BORKAR, J.

DATED : 27th NOVEMBER, 2024.

This petition takes exception to the order dated 8th July, 2024 passed by the 2nd Additional Small Causes Court, Nagpur below Exhibit 66 in M.J.C. No. 84 of 2004.

2.

Respondent herein has filed an application for fixation of standard rent against the present petitioner.

3.

By the order impugned, the trial Court has rejected the application filed by the present petitioner seeking permission to lead the evidence.

SKNair

934-wp-6150-24(j).odt 4.

Considering the facts and circumstances mentioned in paragraph nos. 5 and 6 of the petition, I am inclined to grant one opportunity to the petitioner subject to payment of cost of Rs.50,000/- by the petitioner to the respondent within a period of eight weeks. The trial shall permit the petitioner to lead evidence.

5.

The trial Court shall endeavour to decide the MJC No. 84 of 2004 within a period of six months from the date of the receipt of copy of this order. 6.

The writ petition is disposed of in aforesaid terms.

[N.R.BORKAR, J.] SKNair