dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7689 OF 2008 PETITION NO.7689 OF 2008 PETITION NO.7689 OF 2008 The Khatau Makanji Spinning & Weaving Co. Ltd. Petitioners Vs. M/s.Prime Properties Private Limited Respondents. Mr.Kunal Damle i/by Mr.A.G.Damle for the petitioners. Mr.J.P.Sen with Ms.Swati Danibawhor i/by Mr.Sanju H. Ahooja for the respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 9th January, 2009. : 9th January, 2009. : 9th January, 2009. P.C. P.C. P.C. The petitioners/company are claiming to be a sick industry. The petitioners/company have challenged the conditional order dated 22.09.2008 of depositing Rs.40,000/- per month from October, 2008 passed by the Appellate Bench of Small Causes Court at Bombay, as a condition while staying the execution and operation of the decree to the extent of delivery of possession of the suit premises/godown admeasuring 4300 sq.ft. The Appellate Court has power to put such condition while staying the decree of eviction. The interest of both the parties is necessary to take into account while passing such order. The suit premises is situated in prima industrial locality which was ( 2 ) leased out at the rate of Rs.2276/- p.m. The adjacent premises were let out on Leave and licence agreement dated 5.4.2007 at the rate of Rs.84,000/- per month. In view of decree of eviction and as the tenancy is terminated, the landlord is definitely entitled for reasonable compensation for the said premises. The Court has granted Rs.40,000/- p.m. from the date of decree until further orders. Whereas the claim was made at the rate of Rs.51,600/- p.m. 2. In view of observations made by me in the judgment judgment judgment dated dated dated 7th January, 2009 in Writ Petition 7th January, 2009 in Writ Petition 7th January, 2009 in Writ Petition No.6858/2008-Chandrakant No.6858/2008-Chandrakant No.6858/2008-Chandrakant Dhanu & anr. v. Sharmila Dhanu & anr. v. Sharmila Dhanu & anr. v. Sharmila Kapur Kapur Kapur & ors. & ors. & ors., I am of the view that the Court to reconsider all these facets by considering the material available on record and by giving full opportunity to both the parties. The Court to dispose of such application as early as possible preferably within four weeks from the date of receipt of copy of this order. The landlord should not suffer fair and reasonable compensation. The amount, if any, deposited by the petitioners, be adjusted. The impugned order granting compensation at the rate of Rs.40,000/- is quashed and set aside. ( 3 ) 3. Resultantly, the petition is partly allowed to the above extent. No costs. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)