Case Note & Summary
This is a clarification application in a pending writ petition before the Bombay High Court. The petitioner, through counsel Mr. Pardiwala, moved the court seeking clarification of paragraph 10(viii) of an order dated 2 April 2024. Specifically, the petitioner requested that the words 'with interest' be deleted from that paragraph. The basis for this request was that the amount which had been withdrawn from the Court of the Small Causes was paid by his client towards compensation or license fee for the premises in which his client was residing. Therefore, the petitioner argued that if the court ultimately concluded that the amounts were to be returned by his client, those amounts should not carry the clause 'with interest'. The court noted the urgency and allowed the papers to be produced at 2:30 p.m. However, the judgment does not record any final decision on the clarification; it merely records the submission made by the petitioner's counsel. The matter appears to be part of a larger dispute regarding possession and payment of license fee.
Headnote
A) Civil Procedure - Interim Order Clarification - Deletion of 'with interest' - The petitioner sought deletion of the words 'with interest' from paragraph 10(viii) of the order dated 2 April 2024, arguing that the amount withdrawn from the Small Causes Court was paid towards compensation/license fee for the premises where his client resides. The Court considered the submission but did not provide a final ruling in this clarification application. (Paras 1-3)
Issue of Consideration
Whether the words 'with interest' in paragraph 10(viii) of the order dated 2 April 2024 should be deleted, as the amount withdrawn from the Small Causes Court was paid towards compensation/license fee.
Final Decision
The court allowed the papers to be produced at 2:30 p.m. due to urgency and recorded the submission of the petitioner's counsel. No final order on the clarification was passed in this judgment.
Law Points
- Clarification of interim order
- interpretation of court directions
- payment of compensation/license fee
Case Details
2024 LawText (BOM) (04) 149
Writ Petition No.4958 of 2024
Adv. Rustom Pardiwala i/b. Adv. Rushab V. Thacker for the Petitioner, Adv. Zaid Ansari a/w. Adv. Anmol Menion i/b. Zaid S. Ansari & Associates for Respondent Nos. 1 and 2, Adv. Manal Dhanani i/b. Cue Legal for Respondent No.3
Sarfaraz S. Furniturewalla
Versus Afshan Sharfali Ashok Kumar & Ors.
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Nature of Litigation
Clarification application in a writ petition regarding an interim order of the Small Causes Court.
Remedy Sought
Petitioner sought deletion of the words 'with interest' from paragraph 10(viii) of the order dated 2 April 2024.
Filing Reason
Petitioner argued that the amount withdrawn from the Small Causes Court was paid towards compensation/license fee, and therefore should not carry interest if returned.
Previous Decisions
Order dated 2 April 2024 containing paragraph 10(viii) with the words 'with interest'.
Issues
Whether the words 'with interest' should be deleted from paragraph 10(viii) of the order dated 2 April 2024.
Submissions/Arguments
Mr. Pardiwala submitted that the amount withdrawn from the Court of the Small Causes was paid towards compensation/license fee for the premises where his client resides, and therefore if the amounts are to be returned, they should not be with interest.
Ratio Decidendi
The court did not decide the clarification; it merely recorded the submission and allowed production of papers.
Judgment Excerpts
The papers are allowed to be produced at 2.30 p.m., in view of urgency
He submits that line No.11 the words 'with interest' should be deleted as according to him, the amount which has been withdrawn from the Court of the Small Causes, would be paid by his client towards compensation/license fee of the premises in which his client is residing.
Procedural History
The matter is a writ petition filed in the Bombay High Court. An interim order was passed on 2 April 2024. The petitioner filed this application seeking clarification of paragraph 10(viii) of that order. The court heard the clarification application on 15 April 2024.
