Urvashi Rajesh Shah v. The State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12184 OF 2024 Urvashi Rajesh Shah ... Petitioner vs.
The State of Maharashtra and Ors.
... Respondents ***** Mr. Bhavik Lalan a/w. Mr. Viraj Bansod i/b. Mr. Tushar Gordia :- Advocate for Petitioner.
Mr. Sanjay D. Rayrikar :- AGP for Respondent Nos.1 to 3.
Dr. Yusuf Iqbal Yusuf Neville Majra i/b. Mr. Mangesh Naik :- Advocates for Respondent Nos.4 and 5.
***** CORAM :
MADHAV J. JAMDAR, J.
DATE :
3rd MARCH 2025 P. C. :- 1.
Mr. Bhavik Lalan Learned Counsel appearing for Petitioner after arguing the matter for sometime, on instructions of the Petitioner, state that he has instructions to withdraw the Writ Petitioner. However he submits that the Petitioner be granted two months time to vacate the suit premises. Learned Counsel appearing for Petitioner states that he has received instructions from the Petitioner through WhatsApp massage. 1/3
Accordingly, the Writ Petition is allowed to be withdrawn and dismissed as such.
2.
The Petitioner is granted time till 10th May 2025 to vacate the suit premises. The Petitioner to pay arrears till 10th May 2025 at the rate of Rs. 20,000/- per month with effect from 1st April 2024. The arrears till 28th February 2025 be deposited in the accout of the Respondent No.4 within a period of one month from today.
3.
The Petitioner to pay an amount of Rs.20,000/- per month on or before 10th of each month for the months of March 2025 and April 2025 i.e. on or before 10th March 2025 and 10th April 2025. 4.
For the period of 1st May 2025 till 10th May 2025 the Petitioner to deposit an amount of Rs.7,000/- on or before 5th May 2025. 5.
It is made clear that the statement made by the learned counsel appearing for the Petitioner, on instructions of the Petitioner, that the Petitioner will vacate the suit premises on or before 10th May 2025 is accepted as undertaking given to this Court.
6.
It is further clarified that if there is breach of the said statement by the Petitioner, by not vacating the premises on or before 10th May 2025, then apart from action for committing contempt of this Court, Court Receiver, High Court of Bombay shall stand appointed immediately after 2/3
10th May 2025. The Court Receiver shall take immediate steps to take possession of the suit premises forcibly from the Petitioner or whoever found in possession of the suit premises and hand over the same to the Respondent Nos.4 and 5.
7.
It is clarified that the Petitioner can take out proceedings for recovery of amount which according to him is due and payable to him by the Respondent Nos.4 and 5. The contentions in that regard are expressly kept open.
8.
Accordingly, Writ Petition is dismissed as withdrawn subject to above.
[MADHAV J. JAMDAR, J.] by KISHOR VISHNU KAMBLE Date:
2025.03.06 12:25:01 +0530 KISHOR VISHNU KAMBLE 3/3