KBP 1 ca287-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.287 OF 2011 IN SECOND APPEAL NOS.233 AND 235 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.S.G.Deshmukh, for applicant/orig. Respondent. Mr.P.T.Dighe i/b.Mr.S.G.Karandikar, for respondent/orig. Appellant. CORAM : R.G.KETKAR, J. DATE : 5 th MAY, 2011 P.C. This application is made by original respondent no.1 – Shrikant Madhav Karve seeking directions to the appellant Trimbak Dattatraya Moghe to carry out the repairs as more particularly set out in paragraph 7 of the application. 2] Heard Mr.S.G.Deshmukh, learned counsel for applicant/original respondent and Mr.P.T.Dighe, learned counsel for respondents/original appellants. 3] Without prejudice to the rights and contentions of the parties, it is agreed between the parties that; (i) applicant/original respondent No.1 Shrikant Karve will carry out tenantable repairs as contemplated under Section 14 of the Maharashtra Rent Control Act, 1999 by following the due process of law. KBP 2 ca287-11.odt (ii) If any permissions are required, the same will be obtained by respondent no.1 Shrikant Karve before carrying out the tenantable repairs. (iii) Respondent no.1 Shrikant Karve shall deposit the entire arrears of rent in this Court within a period six weeks from today. He assures that he will maintain the accounts of expenses incurred by him for carrying out the tenantable repairs. In case respondent no.1 Shrikant Karve fails to deposit the entire arrears of rent in this Court within stipulated time, the said fact also would be taken into consideration while deciding the Second Appeals. If respondent no.1 deposits the amount in this Court, the amount deposited by the respondent no.1 and the expenses incurred by him for carrying out the repairs shall be subject to the decision in the Second Appeals. 4] Civil Application is disposed of in the above terms. No order as to costs. [ R.G.KETKAR, J. ]