1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVN. APPLICATION NO. 674 OF 2009 WITH CIVIL APPLICATION NO. 337 OF 2009 Hindustan Construction Co. Ltd. ... Applicant v/s Ajanta Warehousing Company ... Respondent Mr.Satish J. Shah with Levi A. Rubens and K. Akhtar i/by Vigil Juris for the applicant. Mr.R.A.Thorat with Devendra Udani i/by Pramesh Vakil for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 5TH DECEMBER, 2009 P.C.: 1. This civil revision application has been filed challenging the order passed by the Appellate Bench of the Small Causes Court on 25.9.2009 by which the Appeal No. 666 of 2006 is partly allowed. 2. The Trial Court had fixed the mesne profits at a 2 particular rate. Thereafter the applicant challenged the order of the Trial Court before the Appellate Court. The Appellate Court by the impugned order has ruled that the mesne profits should be fixed at the rate of Rs.16/- per sq.ft. 3. Mr.Shah appearing for the applicants submits that there is no reason stated in the order as to why the rate has been fixed at the rate of Rs.16/- per sq. ft. He submits that, despite the fact that the applicant had produced a valuation report indicating that the mesne profit should be charged at the rate of Rs.12/- per sq.ft., the Trial Court has without any reasons germane to the present application, fixed the amount of Rs.16/-. 4. I have perused the copy of the judgment and order of the Trial Court and have found that the Trial Court has considered the fact that two valuation reports were produced, one by the applicant and the other by the respondent. The valuation report produced by the respondent indicated that the mesne profits could be charged at the rate of Rs.32/- per sq.ft. per month, whereas that produced by the applicants was at the rate of Rs.12/- per sq.ft. The Trial Court has considered the quantum and age of the building and that it was used for residential premises 3 with common amenities. It has fixed an equitable and reasonable amount of Rs.16/- per sq.ft. per month. 5. In my view, no error has been committed by the Appellate Court and, therefore, the civil revision application is dismissed along with the civil application. 6. Mr.Shah appearing for the applicants seeks a stay of the order. In any event, according to the applicants the rate payable should be at the rate of Rs.12/- per sq.ft. per month. Therefore, that amount must be paid by the applicant within four weeks from today. However, with regard to the rest of the amount, there shall be a stay of eight weeks from today. ..... 4