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In the Court of Competent Authority Rent Control Act, Konkan Division at Mumbai

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In the Court of Competent Authority Rent Control Act, Konkan Division at Mumbai 1 IN THE COURT OF COMPETENT AUTHORITY RENT CONTROL ACT, KONKAN DIVISION AT MUMBAI. Misc. Application No.26 of 2020 IN Execution Application No. 43 of 2020 IN Eviction Application No. 140 of 2018 Mr. Yogesh Gopi Rao & Anr. ….. Applicants. Vs. Mr. Rishi Raman Punnilath ….. Respondent. FINAL ORDER BELOW EXH.1 (Passed on 7th day of December, 2020) 1. This is an application filed by applicants for withdrawal of amount Rs.13,94,500/-,which was deposited by respondent before this Authority. It is contention of applicants that the applicants were filed Eviction Application bearing No. 140 of 2018 under section 24 of the Maharashtra Rent Control Act, 1999 (hereinafter referred as ‘the Act’ for the sake of brevity) in respect of Flat No. 801, Aum Sai Co-operative Housing Society Ltd., Plot No. 23 C, Sector-7, Kharghar, Navi Mumbai-410 210(herein after referred as ‘The Application premises for the sake of brevity). The said eviction application was allowed by this Authority on 17.03.2020 and directed to respondent to handover the vacant possession of application premises and also pay arrears of license fees. 2. It is a further contention of applicants that the respondent has filed Revision Application against the order dated 17.03.2020 before the Hon’ble Addition Commissioner, Konkan Division, Mumbai vide Revision No. 195 of 2020. The Hon’ble Additional Commissioner Konkan Division, Mumbai 2 granted stay to the respondent on condition that he be deposit arrears of license fee as per order dated 17.03.2020. The respondent failed to deposit the license fee as per order dated 17.03.2020. Therefore, the applicants filed application before the Hon’ble Additional Commissioner for vacating of stay due to non-compliance of order dated 17.03.2020. The Hon’ble Additional Commissioner Konkan Division Mumbai, vacated the stay granted vide order dated 07.10.2020. 3. It is further contention of applicants that, the respondent filed Civil Writ Petition No. WP(ST)/94089/2020 before the Hon’ble High Court, Mumbai for quashing of the order dated 07.10.2020 passed by Hon’ble Additional Commissioner Konkan Division ,Mumbai. The Hon’ble High Court, Mumbai passed order on 05.11.2020 and directed respondent to deposit license fee before this Authority. 4. It is further contention of applicants that the respondent has deposited Rs.10,94,500/- before this Authority and as per direction of Hon’ble High Court the respondent has also deposited Rs.3,00,000/- before this Authority. According to applicants, they are entitled to withdraw the said amount. Hence this application. 5. I call the report of Superintendent of this Authority. The superintendent has filed report on 02.12.2020 and 07.12.2020. On perusal of reports it goes to show that the respondent had deposited Rs.7,00,000/- vide D.D. No. 104697 dated 13.07.2020, Rs.3,94,500/- vide D.D. No.002663 dated 14.08.2020 and Rs.3,00,000/- vide D.D. No.031429 dated 24.11.2020 before this Authority and same be reflected in the 3 bank account of this Authority. I also verify the office record. On perusal of bank pass book it goes to show that on 20.07.2020 the amount Rs.7,00,000/-, on 25.08.2020 the amount Rs.3,94,500/- and on 02.12.2020 the amount Rs.3,00,000/- are deposited and still it is in the bank account of this Authority. It is pertinent to note here that the amount Rs. 7,00,000/- and 3,94,500/- has been deposited by the respondent as per order of Hon'ble Additional Commissioner Konkan Division, Mumbai and Rs. 3,00,000/- has been deposited by the respondent as per order of Hon’ble High Court, Mumbai. 6. It is contention of applicants that as per the order dated 05.11.2020 passed by Hon’ble Bombay High Court, Mumbai, he is entitled to withdraw the amount. Therefore, I perused the order dated 05.11.2020 passed by the Hon’ble Bombay High Court, Mumbai in Writ Petition (ST) No. 94089 of 2020 A/W IAST No. 94092 of 2020. I have gone through the order dated 05.11.2020 passed by the Hon’ble High Court, Mumbai. As per direction of the Hon’ble High Court, Mumbai the respondent has deposited Rs.3,00,000/- before this Authority vide D.D. No.031429 dated 24.11.2020. 7. It is admitted fact that Rs.10,94,500/- had been deposited by the respondent as per order of the Hon’ble Additional Commissioner, Konkan Division, Mumbai. Apart from it, the Hon’ble High Court, Mumbai in para-10 of order dated 05.11.2020 specifically mentioned that the respondent shall be entitled to withdraw the amount which is deposited as per direction given in para-9 of the order dated 05.11.2020. It is a fact that the respondent has deposited Rs.3,00,000/- as 4 per direction of the Hon’ble High Court, Mumbai. Therefore, the applicants are entitled to withdraw the amount Rs.3,00,000/- only. The applicants in their prayer clause requested to release the amount in the name of applicant no.2 Mr. Gopi Rao. Therefore, the applicant no.2 is entitled to withdraw the amount Rs.3,00,000/- which is deposited by the respondent as per direction of the Hon’ble High Court. Hence, I pass following order : O R D E R I. The application is partly allowed. II. The office Superintendent of this Authority is hereby directed to issue cheque of Rs. 3,00,000/-in the name of applicant no.2 Mr. Gopi Manjoji Rao on producing identity proof. III. The prayer of applicants to withdraw the amount Rs.10,94,500/- is hereby rejected. Application is disposed off. Sd/- (S.D.Wankhede) Date-07.12.2020. Competent Authority, Rent Control Act Law court, Konkan Division at Mumbai. .
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