1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION NO. 140 OF 2009 IN APPEAL AGAINST ORDER NO. 151 of 2009 ( Seth Ramnath Loiya High School Education Society ..vs.. Shri Sadashivrao Patil Shikshan Sanstha ) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri A.A. Naik, Advocate for the appellant, Shri A.D. Dangore, Advocate for the respondent. C ORAM : C.L.PANGARKAR, J. DATED : 27th APRIL, 2010. 1. Rule. Returnable forthwith. Heard finally with consent of the parties. 2. An application for an injunction directing the respondent/licensee to carry out repairs to the premises in its possession and also for direction to deposit the license fee in the Court is also filed in this appeal. It is the case of the appellant/licensor that the respondent has not paid the license fee with effect from June 2008. It is contended that the licensee is, infact, bound to pay the license fee every month and it cannot occupy the premises without paying the said license fee. It is also contended by the appellant that the premises have become dilapidated and it is absolutely necessary to carry out 2 the repairs. 3. The learned Advocate for the respondent contended that this Court should not pass an order directing the respondent to deposit any amount in the Court inasmuch as, the suit itself was not maintainable before the trial Court. He also submits that no order, infact, should be passed by this Court for want of jurisdiction of the Civil Court altogether. The learned Advocate further submits that the question as to whether the Civil Court has jurisdiction, is pending before the trial Court inasmuch as, the trial Court has framed preliminary issue to that effect. 4. After having heard the learned Advocates for the parties, I find that if the trial Court has framed a preliminary issue in regard to the jurisdiction, the trial Court is at liberty to decide that question. 5. The defendant/respondent does not dispute that it is in possession of the property and that it is, infact, a licensee of the property. If the defendant/respondent is occupying the premises, it is bound to pay the license fee as determined in the agreement. In the circumstances, it would be appropriate to direct the respondent to deposit in Court a sum equivalent to license fee as determined under the agreement, every month right from June, 2008. Since the respondent disputes the contention of the appellant that the respondent has not paid the license fee from November, 2008 onwards, all arrears from November, 2008 to March, 2010 should be 3 deposited within a period of three months and should go on depositing every month sum equivalent to the license fee as determined under the agreement. 6. After having heard the parties and seeing he photographs filed that if the respondent is not ready to carry out the repairs to the premises, as may be required, the appellant may carry out the repairs at its costs in order to preserve the property. The respondent shall not cause any obstructions to such repairs being carried out by the appellant. The appellant should take care that if any School or Institution is actually being run there no inconvenience is caused to the respondent by such repairs. It will be for the appellant to obtain necessary permission from the competent authority for carrying out those repairs. The application for injunction, therefore, stands disposed of accordingly. 7. The learned counsel submits that with these directions appeal be also disposed off. Appeal stands disposed of accordingly. However, this injunction shall remain in operation until the trial Court decides the question of jurisdiction. If the question of jurisdiction is decided in favour of the plaintiff, the plaintiff would be at liberty to apply before the trial Court once again under Order 39 Rule 11 of the Civil Procedure Code. JUDGE. adgokar