Kazi Realtors Private Limited v. Ashadevi Ramesh Mishra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai APPEAL FROM ORDER NO. 902 OF 2024 Kazi Realtors Private Limited ...

Appellant Vs.

Ashadevi Ramesh Mishra ...

Respondent Mr.Lalit Butani a/w. Mr. Hude Diamondwala i/b. M/s. Diamondwala for the Appellant.

Mr. Bhavin Gada a/w. Mr. B. N. Shukla, Mr. Deepak Shukla and Mr. Praveen Maurya i/b. BNS Legal for the Respondent. CORAM : GAURI GODSE, J.

DATE :

28th MARCH 2025 ORDER :

1.

Learned counsel for the appellant on instructions submits that the appellant has agreed to make payment of the principal amount of the arrears towards transit rent i.e. Rs.13,00,000/-. He further submits that the appellant has a grievance with regard to payment of interest as prayed by the plaintiff in the notice of motion. He submits that directing the appellant to pay interest at this stage would amount to decreeing the suit. He therefore submits that the appellant be permitted to pay only the principal part and the impugned order be accordingly modified.

by RAJESHWARI RAMESH PILLAI Date:

2025.03.29 00:49:11 +0200 RAJESHWARI RAMESH PILLAI 1/3

2.

Learned counsel for the appellant on instructions submits that the appellant would pay the amount of Rs. 13,00,000/- towards transit rent directly to the plaintiff within three weeks from today. 3.

In view of the assurance given by the appellant, the respondent on instructions submits that the plaintiff would have no objection for modifying the impugned order to that extent. Hence, the appeal is partly allowed by passing the following order : (i) Statement made on behalf of the appellant that amount of Rs.13,00,000/- towards arrears of transit rent would be paid to the plaintiff within three weeks from today is accepted as an undertaking to this court.

(ii) The appellant is therefore permitted to pay only the amount of Rs. 13,00,000/- towards arrears of rent without any interest.

(iii) The impugned order therefore stands modified to the aforesaid extent.

(iv) It is clarified that the rival contentions of the parties on the plaintiff's claim for interest is kept open. (v) The prayers in the suit be therefore decided on its own merits uninfluenced by the observations in the impugned order or any observation in this order.

2/3

(vi) Appeal is disposed of in the above terms.

(vii) In view of the disposal of the appeal, interim application is disposed of as infructuous.

[GAURI GODSE, J.] 3/3