Bombay High Court
Mr. Narinderkumar Balkishan Khosla ... vs M/S Caravan Goods Carriers Pvt. Ltd on 6 December, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
5.IA.907.21 in CRA.776.14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 907 OF 2021
IN
CIVIL REVISION APPLICATION NO. 776 OF 2014
Narendrakumar Balkishan Khosla
(since deceased) through Legal Heirs
Ajay Narendrakumar Khosla & Ors. ... Applicants
Versus
M/s. Caravan Goods Carriers Pvt. Ltd. & Anr. ... Respondents
Mr. G.S. Godbole a/w Pooja Thakkar for the Applicants.
Mr. Shashwat Rai i/b Keystone Partners for Respondent No.1.
CORAM : R.I. CHAGLA, J.
DATED : 6th DECEMBER, 2022.
ORDER :
1 Heard the learned Counsel for the parties. 2 By this Interim Application filed in the Civil Revision
Application, the Applicants are seeking deposit of interim compensation as well as payment of Municipal taxes and for withdrawal of amounts deposited by Respondent No.1 herein, in this Court as well as the amount deposited in the Small Cause Court towards the payment of rent. Further, Waghmare 1/6
5.IA.907.21 in CRA.776.14.doc the Applicant herein has sought for payment of permitted increases till the hearing and final disposal of the matter. The prayer (g) which is for permitted increases is not being pressed at this stage. 3 Considering that there is a dispute as to the payment of interim compensation at market rate as per valuation report dated 27.02.2016 of H. Mehta and Associates which has been annexed at Exhibit-K to the Interim Application, as well as dispute with regard to the Municipal Taxes claimed to be paid by the Applicants which according to the Respondents herein is pertaining to the entire building and not just the suit premises, it would be appropriate to appoint an independent valuer to arrive at proper determination of the market rate in respect of the suit premises and municipal taxes claimed. It would further be necessary to go into issue with regard to the claim made by the Applicants herein that the Respondents herein have inducted a third party namely Puspa Cargo and Courier Services into the suit premises by placing reliance upon the documents on record which are annexed to the Interim Application and which include the documents from ICICI Bank with regard to loan taken by Puspa Cargo and Courier Services and which documents have been addressed to them at the address where of the suit premises are situated viz. Khosla House, Garage 2, Shivaji CLY Chakala, A.K. Road, Near Padma Nagar, Andheri East, Mumbai 400 093. Waghmare 2/6
5.IA.907.21 in CRA.776.14.doc 4 Mr. Godbole has referred to the prior orders passed by this Court including the order dated 04.09.2014 wherein this Court had noted the statement made by the learned Counsel for the Respondents herein that the Respondents herein are in possession and nobody else is in possession of the suit premises. The Respondents have neither created third party interests nor parted with possession of the suit premises. There is a further assurance of the Respondents that they shall deposit the entire arrears of rent in this Court under due intimation to the learned Counsel for the Applicants. Further by the order dated 08.04.2015, this Court had noted the statement of the learned Counsel for the Respondent herein that the Respondent herein is not averse to pay the current market rate by way of compensation for occupying the suit premises. The Applicant herein has accordingly taken out this Application seeking compensation at the current market rate by placing reliance upon appropriate material.
5 Having considered that the aforementioned disputes require to be resolved, Mr. Shetgiri and Associates, Architects and Engineers are appointed by this Court to carry out the exercise of valuation of the suit premises being the ground floor of building known as "KHOSLA HOUSE on Plot No.5 of Shivaji Colony, C.T.S. No.303 of Village Andheri-East, near W.E. Highway Metro Station, Off Sir M.V. Road, (Andheri-Kurla Road), Waghmare 3/6
5.IA.907.21 in CRA.776.14.doc Andheri (East), Mumbai - 400 099, as well as they shall determine whether the Municipal taxes demanded by the Municipal Corporation and paid till date as claimed by the Applicants pertain to the aforementioned suit premises.
6 In view of the claim made by the Applicant herein that Pushpakanta A. Newad of Puspa Cargo and Courier Services is occupying the suit premises based on the documents relied upon in the Civil Revision Application, leave is granted to the Applicant herein to join Puspa Cargo and Courier Services as Respondent in the Interim Application. The amendment in the Interim Application shall be carried out by the Applicant herein within a period of one week from the date of uploading of this order.
7 M/s. Shetgiri and Associates shall upon acceptance of appointment by this Court carry out the exercise of valuing the suit premises as well as determining the municipal taxes paid till date as claimed by the Applicants is in respect of the suit premises, within a period of four weeks from the date of this order. In doing so they shall consider the valuation report of H. Mehta and Associates prepared on 27.02.2016. Costs of the valuer shall be borne equally by the parties. Waghmare 4/6
5.IA.907.21 in CRA.776.14.doc 8 Considering that there is no dispute in so far as the prayer clauses (d) and (e) of the Interim Application is concerned, the Applicant herein is permitted to withdraw the amount deposited of this Court which is Rs.1,250/- per month with accrued interest from time to time till disposal of the matter as well as withdraw the amount of Rs.1,50,000/- which the Respondents herein have deposited in the Small Causes Court at Mumbai (Bandra Bench).
9 In view of the well settled law in Atma Ram Properties (P) Limited vs. Federal Motors (P) Ltd. (2005) 1SCC 705 as followed in State of Maharashtra and Another vs. Super Max International Private Limited and Others, (2009) 9 SCC 772 and the latest judgment of Sumer Corporation vs. Vijay Anant Gangan & Ors. in Civil Appeal No.7774 of 2022 order/judgment dated 09.11.2022 of the Supreme Court, the Respondent herein shall pay interim compensation for occupying the suit premises. The interim compensation as per the valuation report of H. Mehta and Associates shall not be taken into account and ad-hoc valuation at Rs.80/- per sq. ft. built up area, from 18.03.2014 till the date of this order shall be deposited in this Court within six weeks from the date of this order.
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5.IA.907.21 in CRA.776.14.doc 10 Liberty to the Applicants to apply for withdrawal of the ad-hoc amount of interim compensation ordered to be deposited by this Court.
11 The Applicants herein are directed to pay the municipal taxes claimed to have been paid by the Applicant herein i.e. a sum of Rs.11,05,670/- within a period of four weeks from the date of this order. 12 Interim Application is accordingly stood over for submission of report of M/s. Shetgiri and Associates to 17.01.2023. 13 This will be subject to the rights and contentions of the parties being kept open insofar as payment of Municipal taxes are concerned and also dependent upon the exercise to be carried out by M/s. Shetgiri and Associates with regard to whether the demand of municipal taxes claimed to have been paid by the Applicants herein is in respect of the suit premises.
Digitally signed by WAISHALI SUSHIL
WAISHALI WAGHMARE SUSHIL (R.I. CHAGLA, J.) Date:
WAGHMARE 2022.12.14 14:52:35 +0530 Waghmare 6/6