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2024 Supreme(Bom) 102

SHARMILA U. DESHMUKH
Bata India Limited – Appellant
Versus
Bindiya Co-operative Housing Society Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shyam Dewani, Mr. Chirag Chanani, Mr. M. Tahai i/b Dewani Associate
For the Respondent: Mr. S. C. Naidu, Mr. Sudesh Kumar Naidu, Mr. Pradeep Kumar, Mr. Abhishek Ingale i/b Arsh Misra

JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

2. The revisional jurisdiction of this Court has been invoked challenging the common judgment and order dated 5th September 2022 passed by the Appellate Court in appeals filed by both the parties against the Judgment dated 22nd August 2015 passed by the Small Causes Court in Mesne Profits Application No.6 of 2010. Vide the impugned judgment, the Applicant is directed to pay mesne profits at the rate of Rs.1,24,099/- per month for the period from 22nd January 2002 to 31st March 2012 along with interest at the rate of 6% p.a.

3. The facts of the case are that the Applicant is a company registered under the Companies Act and was the tenant of Respondent since the year 1958 at monthly rent of Rs.200/- in respect of Shop no. 8 situated on the ground floor of Respondent-Cooperative Housing Society. At the time of filing of eviction suit, the monthly rent of the suit premises was Rs 313/-. Vide legal notice dated 11th September 2001, the tenancy agreement of Applicant was terminated. T. E. Suit No.21/23 of 2002 was instituted by the Respondent before the Small Causes Court seeking eviction o

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