Chowgule And Company Pvt. Ltd., Thr. Its Const. Att., Sudhir Y. Wakhale., v. Pramod S. Shet Narvekar And 11 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.1025 OF 2018 Chowgule & Company Pvt. Ltd., Through its Constituted Attorney, Udhir Y. Wakhale.

... Petitioner V e r s u s Pramod S. Shet Narvekar & 11 Ors.

... Respondents Mr. S. D. Lotlikar, Senior Advocate with Mr. P. Lotlikar and Mr. C. Padgaonkar, Advocates for the Petitioner.

Mr. G.Panandikar, Advocate for the Respondent nos.1 to 9. Mr. Arun Talaulikar, Additional Government Advocate for the Respondent nos.10 to 12.

Coram :- C. V. BHADANG, J.

Date : 3rd July 2019 ORAL ORDER 1.

This petition challenges the order dated 24.09.2015 passed by the learned Mamlatdar which is to the following effect :

"Called out today Learned Advocate V. Sardesai present for opponent. Applicant present Both parties advanced their arguments. The applicants are claiming rent from the respondent company by virtue of agreement. The learned Advocate for opponent submitted that this Court do not have jurisdiction to award any order in respect of rent.

It is a contractual agreement and hence the applicant should approach the competent civil court The applicants submitted that the agreement which has been drawn between them and opponent is still operative.

In view of above this court direct the opponent adhere the contractual obligations arrived between the applicants and the opponent.

In view of the above matter stands disposed. Pronounced."

2.

The said order has been confirmed by the learned Collector in Revision by judgment and order dated 07.02.2018. 3.

On hearing the learned Counsel for the parties and on perusal of record, it appears that the Mamlatdar has merely directed the petitioner (the opponent before the Mamlatdar) to adhere to the contractual obligations. The learned Counsel for the respondents in all fairness states that the impugned order passed by the Mamlatdar in fact does not even enure to the benefit of the respondents. He, therefore, submits that this Court may pass appropriate order keeping the rival contentions of the parties open in the pending Special Civil Suit Nos. 6/2016/A and 27/2016/A.

4.

In such circumstances, the petition is allowed. The impugned orders are hereby set aside.

5.

Needless to mention, the rival contentions of the parties on merits, in the two aforesaid Civil Suits are left open. 6.

In the circumstances, there shall be no order as to costs. C. V. BHADANG, J.

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