1 ITEM NO.55 COURT NO.11 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No.12102/2020 (Arising out of impugned final judgment and order dated 17012020 in CA No. 381/2016 passed by the High Court of Judicature at Bombay) KHADIJA AHMEDI & ANR. Petitioner(s) VERSUS MYRON PEREIRA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.103634/2020EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 05122022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Anand Grover, Sr. Adv. Ms. Shreya Munoth, Adv. Ms. Asawari Sodhi, Adv. Ms. Anannya Ghosh, AOR For Respondent(s) Mr. Aniruddha Joshi, Adv. Mr. Shashibhushan P. Adgaonkar, AOR Mr. Omkar Jayant Deshpande, Adv. Mrs. Pradnya S.Adgaonkar, Adv. UPON hearing the counsel the Court made the following O R D E R Application seeking exemption from filing certified copy of the impugned Order is allowed. The petitioners – tenants filed Civil Revision Application No.373/2012 in the High Court of Judicature at Bombay against the Order of eviction relating to subjectproperty where they are running a Restaurant.
2 The Respondents landlords moved Civil Application No.381/2016 for fixing monthly compensation at the market rate of Rs.2,65,000/. The said application has been allowed in part vide impugned Order dated 17012020 whereby the High Court has fixed monthly compensation at the rate of Rs.1,50,000/ and the petitioners – tenants have been directed to clear arrears of compensation from 29012004 till 3112020 within a period of six months and further to continue to pay monthly compensation of Rs.1,50,000/ on or before 10 th day of every calendar month. Taking notice of the hardships being faced by the petitioners, especially due to Covid 19 and post pandemic conditions, this Court vide an interim Order dated 16082022 directed that the interim Order dated 17012020 passed by the High Court shall remain stayed, subject to the petitioners depositing a sum of Rs.50,000/ per month. It is stated that petitioners have started paying compensation from the month of August, 2022 onwards. We have heard learned Senior counsel appearing on behalf of the petitioners tenants and learned counsel appearing on behalf of the respondents – landlords and perused the record. We are satisfied that equity will be well balanced by directing the petitioners – tenants to pay the arrears of compensation at a tentative cost of Rs.50,000/ per month from the date of registration of C.A. No.381/2016 till July, 2022. The arrears of interim compensation shall be deposited by the petitioners in three equal instalments within a period of six months. The High Court is requested to take up the Civil Revision Application No.373/2012, subject to other prioritized and partheard matters and make an endeavour to decide the same within a year. It is clarified that we have not expressed any views on the merits of the case. Subject to the petitioners – tenants continue to pay monthly compensation at the rate of Rs.50,000/ and arrears
3 of such interim compensation as directed above, the interim stay against dispossession from the subjectproperty shall continue to operate. The Special Leave Petition is disposed of in above terms. Pending applications, if any, shall also stand disposed of. (VISHAL ANAND) (PREETHI T.C.) ASTT. REGISTRARcumPS COURT MASTER (NSH)
ITEM NO.54 COURT NO.13 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).12102/2020 (Arising out of impugned final judgment and order dated 17-01-2020 in CA No.381/2016 passed by the High Court of Judicature at Bombay) KHADIJA AHMEDI & ANR. Petitioner(s) VERSUS MYRON PEREIRA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.103634/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 10-10-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Ms. Anannya Ghosh, AOR For Respondent(s) Mr. Aniruddha Joshi, Adv. For R.No.1 Mr. Shashibhushan P.Adgaonkar, Adv. UPON hearing the counsel the Court made the following O R D E R 1. Learned counsel appearing on behalf of respondent No.1 seeks and is granted two weeks’ time to file vakalatnama and counter affidavit. 2. As per Office Report dated 30.09.2022, service is not complete on respondent No.2. Let fresh notice be issued to respondent No.2. Dasti, in addition, is permitted. 3. Post the matter for hearing on 05.12.2022. (SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH)
1 ITEM NO.1 COURT NO.15 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 12102/2020 (Arising out of impugned final judgment and order dated 17-01-2020 in CA No. 381/2016 passed by the High Court Of Judicature At Bombay) KHADIJA AHMEDI & ANR. Petitioner(s) VERSUS MYRON PEREIRA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.103634/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 16-08-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Anand Grover, Sr. Adv. Ms. Shreya Munoth, Adv. Ms. Anannya Ghosh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application (I.A. No. 121335 of 2020) seeking permission to file additional documents is allowed. Additional documents taken on record. Issue notice, returnable on 10.10.2022.
2 Meanwhile, subject to the petitioners depositing a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) per month, the impugned order dated 17.01.2020 passed by the High Court of Judicature at Bombay shall remain stayed. (NISHA KHULBEY) (PREETHI T.C.) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.6 Court 5 (Video Conferencing) SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 12102/2020 (Arising out of impugned final judgment and order dated 17-01-2020 in CA No. 381/2016 passed by the High Court Of Judicature At Bombay) KHADIJA AHMEDI & ANR. Petitioner(s) VERSUS MYRON PEREIRA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.103634/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 06-11-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Anand Grover, Sr. Adv. Ms. Amritananda Chakravorty, Adv. Ms. Shreya Munoth, Adv. Ms. Shreiya Maheshwari, Adv. Ms. Anannya Ghosh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R One week’s time is granted to learned counsel for the petitioner(s) to file additional documents. List thereafter. (ASHA SUNDRIYAL) (RAJ RANI NEGI) ASTT. REGISTRAR-cum-PS DY. REGISTRAR