1 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 APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION CIVIL CIVIL CIVIL APPLICATION APPLICATION APPLICATION NO.3056 OF 2006 NO.3056 OF 2006 NO.3056 OF 2006 inin in WRIT WRIT WRIT PETITION PETITION PETITION NO.3786 OF 1998 NO.3786 OF 1998 NO.3786 OF 1998 Laxman Laxman Laxman Dattatraya Limaye Dattatraya Limaye Dattatraya Limaye ...... Petitioner Petitioner Petitioner vs vs vs M/s M/s M/s Mahavir Rice Mills .. Mahavir Rice Mills .. Mahavir Rice Mills .. Respondents Respondents Respondents Mr.Rajiv Mr.Rajiv Mr.Rajiv Patil Patil Patil for Petitioner for Petitioner for Petitioner Mr.V.B.Ghorpade Mr.V.B.Ghorpade Mr.V.B.Ghorpade for for for Respondents Respondents Respondents CORAM CORAM CORAM : : : S.A.BOBDE, J S.A.BOBDE, J S.A.BOBDE, J DATED DATED DATED : : : 17th August, 2007 17th August, 2007 17th August, 2007 P.C. P.C. P.C. 1.1.1. There is no merit in the application for the There is no merit in the application for the There is no merit in the application for the applicant’s applicant’s applicant’s prayer that the executing court should prayer that the executing court should prayer that the executing court should give give give the rent receipt at the reduced rate of rent the rent receipt at the reduced rate of rent the rent receipt at the reduced rate of rent for for for Rs.400/- adjusting the entire excess rent for Rs.400/- adjusting the entire excess rent for Rs.400/- adjusting the entire excess rent for the the the period from December, 1998 to December 2007. period from December, 1998 to December 2007. period from December, 1998 to December 2007. 2.2.2. It is rightly pointed out by the learned It is rightly pointed out by the learned It is rightly pointed out by the learned counsel counsel counsel for the petitioner/landlord that the issue for the petitioner/landlord that the issue for the petitioner/landlord that the issue as as as to whether the rent was validly reduced is to whether the rent was validly reduced is to whether the rent was validly reduced is itself itself itself pending adjudication and therefore the rent pending adjudication and therefore the rent pending adjudication and therefore the rent receipt receipt receipt need not be issued by the executing court. need not be issued by the executing court. need not be issued by the executing court. Hence, Hence, Hence, contention of the learned counsel for the contention of the learned counsel for the contention of the learned counsel for the petitioner petitioner petitioner is correct. Prayer is rejected. is correct. Prayer is rejected. is correct. Prayer is rejected. However, However, However, the executing court shall maintain a true the executing court shall maintain a true the executing court shall maintain a true account account account of the amounts deposited by the applicant. of the amounts deposited by the applicant. of the amounts deposited by the applicant. ItItIt is clarified that all the amounts deposited is clarified that all the amounts deposited is clarified that all the amounts deposited shall shall shall be without prejudice to the rights and be without prejudice to the rights and be without prejudice to the rights and contentions contentions contentions of the parties as may be finally of the parties as may be finally of the parties as may be finally determined determined determined by this Court. by this Court. by this Court. (S.A.Bobde, (S.A.Bobde, (S.A.Bobde, J) J) J)