- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8748 OF 2007 ... Empeegee Portfolio Services Pvt.Ltd. & ors. ...Petitioners v/s. Mrs.Sharda Navinchandra Shah ...Respondent ... Mr.A.V.Anturkar i/b Mr.A.C.Shah for the Petitioners. Mr.V.R.Dhond i/b Mahesh Pandey & Mr.Mukesh Jain for the Respondent. ... CORAM: D.K.DESHMUKH, J. DATED: 29TH FEBRUARY, 2008 P.C.: 1. By this petition the Petitioner, who is the - 2 - landlord, challenges the interim order passed by the learned single Judge of the Small Causes Court in a Rent Act Suit and the order confirming that order passed by the Appellate Bench of the Small Causes Court. 2. The first submission of the learned counsel appearing for the Petitioner was that the prima facie finding recorded by the court that the application for restoration of the lift facility is not barred by the law of limitation does not appear to be correct, because it was claimed by the landlord/Petitioner that the lift facility was discontinued in the year 2000. Initially, it was submitted that it is an admitted position that the tenants were using the lift only till 2000. But the learned Counsel was not in a position to show such admission. On the contrary, the Respondents came with a case that they were enjoying the lift facility till 2006. In my opinion, the prima facie finding recorded by the courts below is a possible finding, and therefore, no interference is called for. 3. The second submission was that the lift is being used and is to be used by the Respondents who are - 3 - tenants and therefore it is for them to pay repairs and maintenance charges of the lift. 4. The learned Counsel appearing for the Respondents, however, stated that the Respondents are willing to pay for the repairs and maintenance of the lift. In my opinion, as the landlord will also use the lift, following order in relation to the maintenance and repairs of the lift will meet the ends of justice. O R D E R (i) The Respondents/tenants will continue to use the lift and keep it repaired and maintained and shall pay electricity consumption charges for the lift. (ii) After making payment the Respondents shall serve copies of those bills on the landlord-Petitioner. On copies being served, the landlord shall, within two weeks of receiving the copies, pay 50% of the amount to the Respondents-tenants. (ii) The order of the courts below shall stand modified to the above extent. - 4 - (iii) Petition disposed of. (iv) Hearing of Appeal No.343 of 2007 pending before the Appellate Court of the Small Causes Court is expedited. The Appellate Court shall hear and dispose of the Appeal as expeditiously as possible, in any case within a period of three months from the date on which writ of this order is received by the Appellate Court. ...