1 cra531.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.531 OF 2010 The Maharashtra State Textile Corporation Limited ...Applicant vs. Kalpataru Plaza Pvt.Ltd. ...Respondent Mr.V.A.Thorat, Sr. Adv. a/w Mr.V.M.Mahajan i/b M/s.Divekar & Co. for the applicant Ms O.A.Vaishnav i/b Mr.Sanju Ahuja for the respondent CORAM :A.S.OKA,J. DATE :DECEMBER 20,2010 P.C.: 1 Heard the learned senior counsel for the applicants and the learned counsel for the respondents. The undertaking of the applicants duly signed by Mr.R.G.Chedge,Senior Consultant (Personal Administration) is tendered on record along with a sketch. The undertaking and the sketch are marked `X and `Y respectively for identification. 2 In the undertaking it is stated that the applicants will hand over a vacant possession of the substantial portion of the suit premises to the respondents save and except an area of 2500 sq. ft mentioned in clause (5) of the undertaking. 3 The applicants are a Government of Maharashtra Undertaking. The applicants have suffered the decree of eviction. Out of total area of 8619.59 sq. ft of the suit premises, the applicants have stated that except area of 2500 sq. ft on the first floor, the possession of 2 cra531.sxw rest of the premises will be handed over to the respondents on or before 31st December 2010. As regards the balance area of 2500 sq.ft, the applicants have given an undertaking to vacate on or before 31st December 2014. The applicants have agreed to pay compensation at the rate of Rs.1,75,000/- per month for the entire area of 8619 sq.ft till 31st December 2010. They have agreed to pay proportionate compensation for area of 2500 sq. ft at the rate of Rs.51,000/- per month. A sum of Rs. 1,75,000/- has been fixed as monthly compensation under the order of this Court dated 3rd March 2010 in Writ Petition no.1463 of 2010. 4 The undertaking deserves to be accepted. Thus, by accepting the decree for possession, the applicants have agreed to hand over possession of the substantial portion of the suit premises before the end of the year. They are seeking time to vacate of about four years in respect of remaining portion of the suit premises. They have offered to pay a reasonable compensation. Hence, time as prayed to vacate the suit premises deserves to be granted. In view of the undertaking, the revision application need not be kept pending and the same is disposed of by passing the following order : i) The undertaking in writing dated 16th December 2010 of the applicants (marked `X for identification) is accepted. The sketch which is marked as `Y shall form the part of the said undertaking. ii)Time is granted to the applicants to hand over area of premises set out in clauses (3) and (4) of the undertaking till 31st December 2010. Time to vacate the area of 2500 sq. ft set out in clause (5) of the undertaking is granted till end of December 2014. 3 cra531.sxw iii)Time of one month from today is granted to deposit arrears of compensation at the rate of Rs.1,75,000/- per month payable up to 31st December 2010. iv)In respect of the area of 2500 sq. ft set out in clause (5) of the undertaking, the applicants shall keep on paying the compensation at the rate of Rs. 51,000/- per month from January 2011 onwards till the date on which they vacate the suit premises. The amount shall be deposited with the trial Court on or before 10th Day of every calendar month. v) The amounts payable as aforesaid will be subject to final result of the proceedings for determination of mesne profits. The respondent is permitted to withdraw the aforesaid amounts deposited by the applicants subject to final outcome of the application for determination of mesne profits. vi)The applicants will be entitled to adjustment of TDS already paid by them. vii)The applicants are restrained from creating any third party rights and from parting with possession of the area of 2500 sq. ft set out in clause (5) of the undertaking. viii)Subject to what is observed above, revision application is disposed of by confirming the decree. ix)There will be no order as to costs. x) The trial Court to act upon an authenticated copy of this order. JUDGE