Sharma
Kapoor & Co. Vs. Damayanti Mishra & Ors. [2008] Insc 17 (7 January 2008)
Tarun
Chatterjee & Dalveer Bhandari
(Arising
out of S.L.P. (C) No. 8437 of 2007
O R D
E R
1.
Leave granted.
2.
This appeal is directed against an interim order passed by a learned Judge of
the High Court at Calcutta in CA No. 2437 of 2006, which arose out of a pending
second appeal being SAT No. 1168 of 2006, by which the interim application was
disposed of by granting stay of operation of the judgment and decree for eviction
inter alia on the conditions that the appellant shall go on depositing a sum of
Rs. 20,000/- per month as occupational charges/compensation, the first of such
deposit shall be made by 15th of February, 2007 and the appellant shall also go
on depositing at the rate of Rs. 20,000/- every month thereafter by 15th of
each succeeding month. It was also directed that the appellant shall also pay
and/or deposit the arrear- cum-occupational charges/compensation upto December,
2006 at the rate of Rs. 20,000/- per month by ten equal installments and in
default of deposit, the order of stay granted shall automatically be vacated
and the decree holder shall be entitled to execute the decree at once.
3.
Having heard the learned counsel for the parties and considering the fact that
the respondents themselves have prayed for mense profits at the rate of Rs. 30
per day i.e. Rs. 900/- per month and considering the fact that this Court,
while issuing notice on the Special Leave Petition, has directed Rs. 900/- per
month to be deposited by the appellant and also considering the fact that the
son of the appellant has inducted a tenant in a premises, which is adjacent to
the tenanted premises, at a rental of Rs. 20,000/- per month, we are of the
view that in the facts and circumstances of the present case, instead of
directing Rs. 20,000/- per month to be deposited by the appellant, they may be
directed to deposit Rs.5,000/- per month from January, 2008. Accordingly, we
modify the impugned order in the following manner :-
i) The
appellant shall go on paying and/or depositing occupational
charges/compensation at the rate of Rs. 5,000/- every month and the first of
such deposit shall be made by 15th of February, 2008, during the pendency of
the second appeal.
ii) In
default of two consecutive deposits in the manner indicated above, the interim
order granted by the High Court and modified by this Court by this order shall
automatically stand vacated.
iii)
In the event, this order is complied with by the appellant, the interim order
granted shall continue during the pendency of the second appeal before the High
Court.
4.
Considering the facts and circumstances of the case, we request the High Court
to dispose of the pending second appeal at an early date but not later than one
year from the date of communication of this order.
5. The
appeal is thus disposed of with no order as to costs.
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