Bombay High Court
Mrs. Sujata Palande Kumarswamy vs Shirdi Country Inns Pvt. Ltd. Through ... on 10 October, 2018
Author: R. G. Ketkar
Bench: Rajesh G. Ketkar
WP7575_18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7575 OF 2018
(Sujata Palande Kumarswamy Vs. Shirdi Country Inns Pvt. Ltd.)
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
appearances,Court's
orders, or directions,
and Registrar's Orders
Mr. Hasit Seth i/b. Mr. Kaushik Kothari for Petitioner.
CORAM : R. G. KETKAR, J.
DATE : 10TH OCTOBER, 2018 P.C.:
Not on Board. At the request of Mr. Seth, learned Counsel for the petitioner, taken up in the production Board.
2. This Petition takes exception to the order dated 08.06.2015 passed by the learned District Judge-10, Pune in Civil Revision Application No.63 of 2010. By that order, the learned District Judge allowed the Civil Revision Application and set aside the order dated 04.10.2010 passed by the learned trial Judge below exhibit-31 in Regular Civil Suit No.491 of 2009. The trial Court was directed to dispose of the Suit on or before 31.12.2015. Mr. Seth submitted that by order dated 04.10.2010, the learned trial Judge directed the plaintiff to pay or deposit in the Court, the arrears of rent i.e. Rs.55,92,650/- for a period from 01.08.2009 to 10.04.2019 1/2 ::: Uploaded on - 11/10/2018 ::: Downloaded on - 12/10/2018 01:19:46 ::: WP7575_18.doc within three months and further directed to deposit monthly rent from 04.11.2010 in the Court till the decision of the Suit. By the impugned order, the learned District Judge has set aside that order, with the result, plaintiff is not depositing the monthly rent. Though the learned District Judge directed the trial Court to dispose of the Suit on or before 31.12.2015, still, the Suit is not yet disposed of.
3. In view thereof, issue notice to the respondent, returnable on 28.11.2018. Notice to indicate that subject to the time constraint and convenience of the Court, Petition may be disposed of finally at the stage of admission. Notice shall further indicate that despite service if respondent fails to appear, the Court may decide the Petition on its own merits.
(R. G. KETKAR, J.) Minal Parab 2/2 ::: Uploaded on - 11/10/2018 ::: Downloaded on - 12/10/2018 01:19:46 :::