Bombay High Court
Satyavijay Dattaram Parab vs Laxminarayan Ramchandra Bhattad And ... on 17 June, 2019
Author: R. G. Ketkar
Bench: Rajesh G. Ketkar
1 p1.wpst.11051-19-gr
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION [STAMP] NO.11051 OF 2019
[Pandurang Nagap Vs. Laxminarayan Bhattad & Ors.]
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WRIT PETITION [STAMP] NO.11052 OF 2019
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WRIT PETITION [STAMP] NO.11139 OF 2019
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WRIT PETITION [STAMP] NO.11145 OF 2019
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WRIT PETITION [STAMP] NO.11146 OF 2019
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WRIT PETITION [STAMP] NO.11076 OF 2019
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WRIT PETITION [STAMP] NO.11073 OF 2019
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WRIT PETITION [STAMP] NO.11067 OF 2019
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WRIT PETITION [STAMP] NO.11065 OF 2019
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WRIT PETITION [STAMP] NO.11653 OF 2019
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WRIT PETITION [STAMP] NO.11654 OF 2019
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WRIT PETITION [STAMP] NO.11588 OF 2019
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WRIT PETITION [STAMP] NO.11589 OF 2019
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WRIT PETITION [STAMP] NO.11592 OF 2019
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WRIT PETITION [STAMP] NO.11177 OF 2019
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WRIT PETITION [STAMP] NO.11169 OF 2019
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WRIT PETITION [STAMP] NO.11057 OF 2019
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WRIT PETITION [STAMP] NO.16645 OF 2019
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WRIT PETITION [STAMP] NO.16654 OF 2019
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WRIT PETITION [STAMP] NO.16648 OF 2019
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WRIT PETITION [STAMP] NO.16647 OF 2019
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WRIT PETITION [STAMP] NO.16655 OF 2019
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2 p1.wpst.11051-19-gr
Office Notes, Office Court's or Judge's orders.
Memoranda of Coram,
appearances, Court's
orders or directions
and Registrar's orders
Mr.S.S. Redekar, Advocate for Petitioners.
CORAM : R. G. KETKAR, J.
DATE : 17/06/2019 P.C.:
1. Not on board. At the request of Mr.Redekar taken up in the production board.
2. Heard Mr.S.S. Redekar, learned Counsel for the petitioners.
3. These petitions takes exception to the orders dated 6.12.2018 passed by the learned Judge, Court Room No.22 of the Court of Small Causes at Mumbai in the Suits filed by the respondents/orig.plaintiffs. By these orders, the learned trial Judge directed the petitioners/orig.defendants to deposit the amount of rent for the period for which they are enjoying the transit premises without paying any rent within three months from the date of the orders. It was made clear that the amount paid by the defendants to Maharashtra Housing and Area Development Authority (for short, 'MHADA') towards the rent will be deducted from the amount. The prayer made by the plaintiffs for payment of compensation or mesne profit was rejected.
4. In support of these petitions, Mr. Redekar submitted that the plaintiffs have instituted suits against the defendants for recovery of possession of the premises in their respective possession. Prior to institution of the suits, the plaintiffs had demolished the building where the suit premises are situate for the purpose of redevelopment under Regulation 32(7) of the Development Control Regulations for Greater Mumbai, 1991. The defendants are occupying the transit accommodation. He invited my attention to condition No.21(i) of the 2/3 ::: Uploaded on - 18/06/2019 ::: Downloaded on - 19/06/2019 01:05:03 ::: 3 p1.wpst.11051-19-gr revised NOC which requires the NOC holder to pay rent to MHADA. He further submits that there is no agreement between the plaintiffs and the defendants for reimbursing the amount paid by the plaintiffs to MHADA towards the rent. He also invited my attention to the communication dated 4.5.2017 addressed by the Deputy Chief Officer / Transit Camps Department, Mumbai Building Repair and Reconstruction Board (for short, 'Board') referring to the order passed by this Court in Writ Petition No.2040/2013 which directs MHADA to recover rent towards the transit accommodation from the developer.
5. Mr. Redekar submitted that the plaintiffs have taken out application/s for striking out defence of the defendants and the matters are fixed on 25.6.2019. He, therefore, got the papers produced for interim protection in all the suits.
6. In view of these submissions, list the petitions for admission on 27.6.2019, to be listed in the Supplementary Board. Till 4.7.2019, the learned trial Judge will not proceed with the hearing of applications taken out by the plaintiffs for striking out defence of the defendants. In the meantime, the petitioners shall serve copy of the proceedings and intimate next date of hearing to the respondents/orig.plaintiffs.
7. All concerned parties, including the trial Court, to act upon the authenticated copy of this order.
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