TARUN KESHRICHAND SHAH Vs. KISHORE ENGINEERING COMPANY

JUDGEMENT

(1.) Feeling aggrieved with and dissatisfied by an order dated 5th October, 2018 passed in Notice of Motion No.823 of 2018 in Suit No.6117 of 2007 by the learned Judge, City Civil Court, Greater Mumbai, the appellants have approached this Court under section 341 of the Code of Criminal Procedure (for short 'Cr. P.C').

(2.) Facts germane for the decision of the appeal can be summarized thus:

(3.) Respondent No.1 is a partnership firm and was a licencee of the subject premises which is situate on the third floor of Churchgate House 32, Veer Nariman Road, Fort, Mumbai 400 023. Appellant No.2 is the Director of M/s. Modern Products Private Limited. It is contended that respondent No.1 were liable to pay service charges @ Rs.2100/- per month to M/s. Union Commercial Corporation for the use of furniture and fixtures in the said licence premises. After the death of Mr. Keshrichand B. Shah, respondent No.1 had paid service charges to the appellants till October, 2004. Thereafter, they were in arrears of charges with effect from November, 2004 to October, 2007 amounting to Rs.75,600/-.