Emilia Lawrence Rodrigues v. Ravji Bala Natekar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3824 OF 2025 Dirby Raymond Rodrigues INTERIM APPLICATION NO.3841 OF 2025 Emilia Lawrence Rodrigues INTERIM APPLICATION NO.3821 OF 2025 Pascoal Juje Lobo INTERIM APPLICATION NO.3842 OF 2025 Jeetu Tekochand Patel INTERIM APPLICATION NO.3822 OF 2025 Cletty Lionel Vaz MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2025.12.19 09:58:10 +0530

INTERIM APPLICATION NO.3843 OF 2025 Sebastian Pareira INTERIM APPLICATION NO.3825 OF 2025 Ramakant Jagannath Vengurlekar INTERIM APPLICATION NO.3844 OF 2025 Luizamaria Michael Fernandes INTERIM APPLICATION NO.3826 OF 2025 Suresh Shivram Kaam INTERIM APPLICATION NO.3845 OF 2025 Ruta Ravindra Varekar

INTERIM APPLICATION NO.3846 OF 2025 Pauline Custodio Pereira INTERIM APPLICATION NO.3828 OF 2025 Mandar Ramesh Phodkar INTERIM APPLICATION NO.3847 OF 2025 Mary Santan D'souza INTERIM APPLICATION NO.3829 OF 2025 Manuel Baptice Rodrigues INTERIM APPLICATION NO.3848 OF 2025 Wayne Francis Carrapiett

INTERIM APPLICATION NO.3831 OF 2025 Zebeline Godinho INTERIM APPLICATION NO.3837 OF 2025 Gabriel Anthony Dsouza INTERIM APPLICATION NO.3816 OF 2025 Merciana Edward Dsouza INTERIM APPLICATION NO.3838 OF 2025 Prudencia Rosy Barretto INTERIM APPLICATION NO.3817 OF 2025 Francis Manuel Dsouza

INTERIM APPLICATION NO.3839 OF 2025 Vasudeo Shridhar Jadhav INTERIM APPLICATION (L)NO.33567 OF 2025 Anthony Gabriel Coelho INTERIM APPLICATION (L) NO.33572 OF 2025 Carmeline Dsouza INTERIM APPLICATION (L) NO.33638 OF 2025 Swapnil Suresh Velankar INTERIM APPLICATION (L) NO.33694 OF 2025 Cecilia Moses Dias

INTERIM APPLICATION (L) NO.33701 OF 2025 Ronny Rodrigues and others Applicants _______ Mr.J.M.D'Silva with Jacqueline D'Silva, Sanjana Phodkar and Corina D'Souza for Applicants-Petitioners.

Mr.Prashant G.Karande i/by Mr.Sudam S. Patil for Respondent No.5. Mr.Tushar Agrawal for Respondent nos.3(a) to 3(d) in contempt petition. Ms.Sayli Apte with M.Murlidharan i/by P.G.Lad for MHADA. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

17th December 2025 P.C.

1.

These Interim Applications pray for a similar relief and hence are being disposed of by this common order. For convenience we note the relief as prayed for in one of the Interim Applications (I.A.No.3824 of 2025 - Dirby Raymond Rodrigues and others Vs. Rajiv Bala Natekar and others), which reads thus : "(a) That the Prothonotary and Senior Master/Account department of this Hon'ble Court be directed to pay to the Applicant Nos.1 an amount of Rs.4,82,476/- and Applicant Nos.2 an amount of Rs.4,82,477/- shown against the name of Applicants `Exhibit-C' being the unpaid transit rent payable at Rs.16,000/- per month upto 10th August 2024."

2.

As urged before us, a co-ordinate Bench of this Court on Contempt Petition No.4 of 2020 in Writ Petition No.1672 of 2013 passed an order dated 5th July 2024, inter alia, directing Respondent No.5(b) to deposit in this Court the amount of Rs.5 crores towards arrears of transit rent, as also permitted the Petitioners/Applicants to withdraw the amount @ Rs.16,000/- per month. We extract the order dated 5th July 2024 which reads thus : "1. Mr.Karande based on instructions from Mr.Abhay Mutharespondent No.5(b) who is present in the Court states that the 5 th respondent will deposit in this Court an amount of approximately Rs.5 Crore being arrears of transit rent determined at the rate of Rs.16,000/- (Rupees Sixteen Thousand) per month in respect of the unpaid occupants out of the 67 occupants reflected in the consent terms.

2.

In the consent terms, at least prima facie transit rent had to be paid at rates ranging between Rs.22,000/- (Rupees Twenty Two Thousand) and Rs.25,000/- (Rupees Twenty Five Thousand). However, Mr.Karande points out that in terms of another order made by the learned Single Judge of this Court, directions were issued for payment of the transit rents at the rate of Rs.16,000/- per month to those tenants. He refers to an order made in Appeal from Order No.886 of 2022 along with connected appeals. The issue of the rats on which payments have been made can be considered a little later. However, by accepting the above undertaking given before us and to see whether the 5th respondent complies with this statement made today before us, we post this matter for further consideration on 19th August 2024.

3.

Learned counsel for the 5th respondent is requested to give an intimation to learned counsel for the petitioners about the deposit of the amount. Mr.Karande states even a chart would be furnished indicating the entitlement of each of the occupants who are till date unpaid. The petitioners are granted liberty to withdraw the amount i.e. due to them without prejudice to their rights and contentions in terms of this chart. The rest of the amount will continue to remain in this Court.

4.

Further, we clarify that the petitioners can withdraw the amount only at the rate of Rs.16,000/- per month."

(emphasis supplied)

3.

Accordingly the Respondent no.5(b) had deposited the said amount of R.5 crore in this Court. Now the amounts are required to be paid to the Petitioners being arrears of transit rent who are Applicants before us. Mr.Karande has placed on record the list of tenants who are 26 in number. The same is taken on record and marked "X" for identification. He submits that the tenants at sr.nos.23, 25 and 26 namely Rony Rodrigues, Swapnil Suresh Velankar and Anthony Gabriel have expired during the pendency of the proceedings and the amount can be withdrawn by their legal representatives subject to furnishing appropriate heirship proof and other relevant documents. Insofar as the tenant at sr.no.5 is concerned namely Vasudeo Shridhar Jadhav is concerned, it is stated that he has never come forward and has never claimed any amount. In other words, there is no information in regard to the said tenant. Be that as it may, as and when the claim is made by the said tenant or any legal representative, the amount be disbursed by verifying all the credentials.

4.

Insofar as other tenants are concerned, in our opinion, subject to the appropriate proofs on identification being taken from them, the Prothonotary & Senior Master of this Court or the Court Officer appointed by him, shall disburse the amounts. The payment of the amounts of arrears of transit rent be made as per the directions of this Court dated 5th July 2024 (supra) as also order dated 24th January 2025. Let such exercise be undertaken within a period of four weeks from today. All contentions of the parties on the quantum and receipt of the said amount are expressly kept open.

5.

All Interim Applications are disposed of.

6.

Learned Prothonotary & Senior Master shall act on an authenticated copy of this order.

(AARTI SATHE, J.) (G. S. KULKARNI, J.)