Rais Nazir Shaikh v. Ayesha Sabdar Shaikh And ORS

919-WP-5727-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 5727 OF 2024 Rais Nazir Shaikh

...Petitioner

Versus

Ayesha Sabdar Shaikh & Ors.

... Respondents ____________________________________ Mr. Namita Mestry, for the Petitioner.

Mr. Akhil Kupade, for Respondent Nos. 1 & 2.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 24 APRIL 2024 P.C.:

1.

This petition is filed by the person who is declared as a tenant, whereby challenging an order passed by District Court, Palghar, whereby an application Order Below Exhibit - 12 was rejected.

2.

The petitioner had made an application for restoration of Electricity connection, which was disconnected by M.S.E.B. It is a case of the petitioner that the Electricity was disconnected, as the respondent / landlord had made an application to M.S.E.B. for disconnection of the Electricity connection of the suit premises. 3.

After the matter was argued for sometime, respondent counsel submits that the respondent No.2 is present in the Court and he had instructed him that he has no objection, if the Electricity is restored to the suit premises. He submits that he will not opposed the application made by the petitioner to M.S.E.B. for Kiran Kawre

919-WP-5727-2024.doc restoration of the Electricity connection, and will co-operate with the application of the petitioner. He submits that there is certain outstanding amount of rent payable which has not been paid by the petitioner.

4.

Ms. Namita Mestry appearing for the petitioner submits that her client was always ready and willing to pay the rent amount but the respondent / landlord was not ready to accept the rent. Hence there is an outstanding amount. She submits that the outstanding amount would be roughly around 2,25,000/-. She submits that there is a wedding in the family of the petitioner on 30 May 2024. Therefore, some reasonable time be granted to the petitioner to deposit the arrears of rent.

5.

The petitioner is hereby permitted to deposit the arrears of rent which is roughly around 2,25,000/- in District Court Palghar, within a period of eight weeks from today. 6.

The petitioner can approach the M.S.E.B. office at Palghar on 25 April 2024 at 11.00 A.M. in the morning. 7.

The respondent may also accompany, the petitioner in order to help petitioner for restoration of the Electricity connection on 25 April 2024 at 11.00 A.M.

8.

Let, the matter be came up on 19 June 2024 for compliance.

(RAJESH S. PATIL, J.) Kiran Kawre