1 wp8341-8344.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8341 OF 2010 M/s.Ish Homes Private Limited ...Petitioner vs. Somali Narottam Mehta & Anr. ...Respondents AND WRIT PETITION NO.8344 OF 2010 M/s.Ish Homes Private Limited ...Petitioner vs. Vaktawarmal Vadichandji Shisodiya & Anr. ...Respondents Mr.Khan Javed Akhtar for the petitioner Mr.Rajeev Matkar for the respondent no.1 CORAM :A.S.OKA,J. DATE : OCTOBER 26, 2010 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the respondent no.1. Taken up for final disposal at admission stage. 2 The respondents filed an application purporting to be an application under section 8 of the Maharashtra Rent Control Act,1999 for fixing the standard rent in respect of the suit premises. By the impugned order, the respondents have been permitted to deposit a certain amount in the said standard rent application without prejudice to the rights and contentions of the parties. The order impugned has been passed on interim application in the said standard rent application. The grievance of 2 wp8341-8344.sxw the learned counsel for the petitioner is that the main application for fixing the standard rent was not maintainable. The second grievance is that while deciding the interim application, the issue of maintainability of the main application has been erroneously decided by the Trial Court. 3 The operative part of the impugned order permits the respondents to deposit certain amount without prejudice to the rights and contentions of the parties. Therefore, the petitioner will not be affected by the operative part of the impugned order. 4 However, while deciding the interim application, the Trial Court could not have decided the issue of maintainability of the main application made by the respondents. The said issue could have been decided only at the time of final hearing of the main application for fixing standard rent. To that extent, the impugned order will have to be modified. 5 Hence, the petitions are disposed of by passing the following order : i) Operative part of the impugned order is confirmed. ii)However, the issue regarding maintainability of the main applications made by the respondents is expressly kept open which will be decided by the Trial Court at the time of final hearing of the applications. iii)Hearing of the pending suits and applications are expedited. JUDGE