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CASE NO.: Appeal (civil)  56 of 2008

PETITIONER: SHARMA KAPOOR & CO.

RESPONDENT: DAMAYANTI  MISHRA & ORS.  

DATE OF JUDGMENT: 07/01/2008

BENCH: TARUN CHATTERJEE & DALVEER BHANDARI

JUDGMENT: J U D G M E N T

(Arising out of S.L.P. (C) No. 8437 of 2007

O R D E R

1.      Leave granted.   2.      This appeal is directed against an interim order passed by a  learned Judge of the High Court at Calcutta in CA No. 2437 of 2006,  which arose out of a pending second appeal being SAT No. 1168 of  2006, by which the interim application was disposed of by granting  stay of operation of the judgment and decree for eviction inter alia  on the conditions that the appellant shall go on depositing a sum of  Rs. 20,000/- per month as occupational charges/compensation, the  first of such deposit shall be made by 15th of February, 2007 and the  appellant shall also go on depositing at the rate of Rs. 20,000/- every  month thereafter by 15th of each succeeding month.  It was also  directed that the appellant shall also pay and/or deposit the arrear- cum-occupational charges/compensation upto December, 2006 at the  rate of Rs. 20,000/- per month by ten equal installments and in  default of deposit, the order of stay granted shall automatically be  vacated and the decree holder shall be entitled to execute the decree  at once.     3.      Having heard the learned counsel for the parties and  considering the fact that the respondents themselves have prayed for  mense profits at the rate of Rs. 30 per day i.e. Rs. 900/- per month  and considering the fact that this Court, while issuing notice on the  Special Leave Petition, has directed Rs. 900/- per month to be  deposited by the appellant and also considering the fact that the son  of the appellant has inducted a tenant in a premises, which is  adjacent to the tenanted premises, at a rental of Rs. 20,000/- per  month, we are of the view that in the facts and circumstances of the  present case, instead of directing Rs. 20,000/- per month to be  deposited by the appellant, they may be directed to deposit  Rs.5,000/- per month from January, 2008.  Accordingly, we modify  the impugned order in the following manner :-  i)              The appellant shall go on paying and/or depositing  occupational charges/compensation at the rate of Rs. 5,000/-  every month and the first of such deposit shall be made by     15th of February, 2008, during the pendency of the second  appeal.   ii)     In default of two consecutive deposits in the manner  indicated above, the interim order granted by the High Court  and modified by this Court by this order shall automatically  stand vacated.   iii)    In the event, this order is complied with by the  appellant, the interim order granted shall continue during the  pendency of the second appeal before the High Court.      4.      Considering the facts and circumstances of the case, we

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request the High Court to dispose of the pending second appeal at an  early date but not later than one year from the date of  communication of this order.   5.      The appeal is thus disposed of with no order as to costs.