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Bombay High CourtMCA/808/2014disposed of

M/S. Sai Investments, Through Its Proprietor Mrs.Shipra Bansal . v. Bharti Shipyard Limited,

2015-02-10Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 808 OF 2014 IN FIRST APPEAL NO. 88 OF 2014 M/S. SAI INVESTMENTS, THROUGH ITS PROPRIETOR MRS.SHIPRA BANSAL .

... Applicant

Versus

BHARTI SHIPYARD LIMITED, ... Respondent Shri J. E. Coelho Pereira, Senior Advocate with Shri S. Karpe, Advocate for the applicant.

Ms. G. Almeida, Advocate for the respondent.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 10th February, 2015 P.C.:

Heard Shri J.E. Coelho Pereira, learned Senior Counsel appearing for the applicant and Ms. Almeida, learned Counsel appearing for the respondents.

2. This is an application, inter alia, to direct the respondent to deposit mesne profits, as well as the arrears of rent in respect of the disputed premises.

3. The learned Counsel appearing for the respondent points out that the rents have already been paid to the applicant herein which is disputed by the learned Senior Counsel appearing for the applicant.

MCA/808/2014

4. It is not in dispute that the proceedings are for eviction of the respondent from the leased premises on the basis of a lease agreement. It is also not in dispute that the rent payable by the respondent is in the sum of Rs.3,30,000/- per month. It is contended by Shri Coelho Pereira, learned Senior Counsel appearing for the applicant that the respondent has defaulted in payment of rent from the month of July, 2012.

5. In the facts and circumstances of the case, the respondent is directed to deposit all the arrears of rent in the sum of Rs.3,30,000/- per month from July, 2012 upto this date. Liberty to the respondent to prove by rent receipts or by other evidence that the amount of arrears has in fact been paid by the respondent to the applicant during the said period, to the satisfaction of the Registrar (Judicial) of this Court. The rent shall be deposited within 8 weeks from today.

6. The application stands disposed of. Liberty to the respondent to apply.

K. L. WADANE, J.

F. M. REIS, J.

ssm.