1 CA 2716/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2716 OF 2010 IN WRIT PETITION NO. 1647 OF 2000 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. N.P. Shimpi for the applicant. Mr. R.M. Vasudeo for the respondent. CORAM : D.G. KARNIK, J. DATE : 17TH JANUARY 2011 P.C. : 1. Heard. 2. By this application, the applicant (landlord) is seeking a direction that the respondent tenant be directed to pay Rs.250/- per sq.ft. per month as the compensation during the pendency of the writ petition. 3. The application appears to have been 2 CA 2716/10 made on the basis of a decision of the Supreme Court in the case of Atmaram. The respondent disputes that Rs.250/- per sq. ft. is the market rate. He submits that in fact the respondent rent has already made an application in the Small Causes Court at Mumbai for determination of mesne profits/compensation. Copy of the said application is annexed to the affidavit in reply filed by the respondent. 4. Since what would be the fair market rent of the premises as on today is disputed and the matter regarding determination of the fair market rent (compensation) is already pending in the Small Causes Court, it would not be possible to direct the payment of rent on the basis of summary inquiry or affidavit alone. Hence, the civil application is disposed of with liberty to the applicant to move the Court again after determination of fair market rent/ compensation by the Small Causes Court. (D.G. KARNIK, J.)