SURESH SHARMA Vs. STEIN DOSHI AND BHALLA

JUDGEMENT

(1.) This is an application moved under Section 151 Civil Procedure Code by the plaintiffs for restraining the defendants from misusing the premises as the demand of Rs.5 crores has been made by the L&DO upon the plaintiff against misuser of the premises and also for directions to give security of Rs.5 crores to secure dues.

(2.) The defendant has, by way of writ petition, challenged the validity of the demand of the L&DO as according to him the use of the premises by him is not against the terms of the lease and the L&DO is not justified in making the demands towards the misuser of the premises. However, in CM.No.4537/97 & 7132/94 in CW-3898/94 the Division Bench declined to restrain the respondent from using the premises which is being used as per agreement of tenancy between the plaintiff and defendants 3 and 4 but to protect the interest of the plaintiff, the defendant was directed to furnish security of Rs.five crore within four weeks failing which all interim orders passed in the writ would stand vacated.

(3.) Vide order dated 6/2/1998, the prayer of the defendant for permission to deposit a sum of Rs.20,000.00 by way of security pursuant to the order dated 24/10/1995 was declined with the following observations:-