LAWS(BOM)-2004-1-125

BATA INDIA LTD Vs. SUNILKUMAR S CHAUDHARI

Decided On January 15, 2004
BATA INDIA LTD Appellant
V/S
SUNILKUMAR SHAMSUNDAR CHAUDHARI Respondents

JUDGEMENT

(1.) ADMIT. Heard finally by consent of the parties.

(2.) LETTERS Patent Appeal is directed against the impugned order, dated 17-10-2002, passed by learned Single Judge, whereby Writ Petition bearing No. 1282 of 2000 filed by the appellant came to be dismissed.

(3.) MR. Dastane, learned counsel for the appellant, states that the appellant is original tenant and the Rent Controller, vide Order dated 31-10-1998, fixed the fair rent on the application of respondent-landlord. It is submitted that the said order was challenged by appellant-tenant before Additional Collector, Nagpur, by filing an appeal bearing No. 112 /a-71 (2)/98-99, and Additional Collector, vide Order, dated 27-2-2000, dismissed the appeal filed by appellant. Being aggrieved by the said order, the appellant filed a Writ Petition bearing No. 1282 of 2000, wherein the order, dated 27-2-2000, passed by Additional Collector, as well as order, dated 31-10-1998, passed by Rent Controller were impugned, Along with the said Writ Petition, a Civil Application bearing No. 1650 of 2002 was also filed by appellant for grant of stay to the orders impugned in the Writ Petition.