Kanaiyalal Jagjivan Darji v. Shaila Krishna Thorata And ANR

k 1/2 17 wp 13381.24 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13381 OF 2024 Kanaiyalal Jagjivan Darji & Ors.

....Petitioners V/S Bhushan Krishna Thorat & Ors.

....Respondents _________ Mr. Yusuf S. Mithi a/w Mr. Vaibhav R. Shah for the Petitioners. Mr. Surendra R. Yadav for Respondents.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 30 SEPTEMBER 2024.

P.C.:

The learned counsel appearing for the Petitioners, on instructions, seeks leave to withdraw the Petition. He would however complain that Respondents/Defendants have not complied with the order passed by the Small Causes Court directing deposit of arrears of license fees under provisions of Order XV-A of the Code of Civil Procedure, 1908 (the Code). If there is any failure on the part of Respondents/Defendants in making a deposit of amount directed by the Small Causes Court under Order XV-A of the Code, the Small Causes Court is vested with necessary jurisdiction for striking of the defence of Respondents/Defendants. In the event there is any delay on the part of katkam Page No.

1 of

k 2/2 17 wp 13381.24 as.doc Respondents/Defendants in making deposit of the amount, the Small Causes Court can also direct payment of interest on such delayed payment. Writ Petition is accordingly permitted to be withdrawn and disposed of. (SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2024.10.03 14:29:47 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

2 of