Mahesh Palabhai Parmar Poa Of Manjulaben Mahesh Parmar vs Ahmedabad Municipal Corporation & 1 Other(S)

Biren Vaishnav, J

Persued the Office Note for Speaking to Minutes moved by the learned advocate for the respondent.

Perusal of the Office Note reveals that, due to inadvertence, in the order dated 22.11.2021 in para 5, certain typographical errors are found, which are hereby rectified. Thus, para 5 of the order now read as under:

"5 Before the Civil Court in Regular Civil Suit No. 84 of 2015, the amount towards license fees that the Corporation is entitled to, shall be deposited and on an application being made to the Trial Court for withdrawal of the said suit, the Trial Court shall permit such withdrawal only after the Corporation withdraws the amount deposited as mesne profits. The petitioner shall continue to deposit the said amount till 15.10.2022 regularly before the Corporation."

Rest of the order shall remain the same. Note for Speaking to Minutes is allowed to the aforesaid extent.

Heard Mr.Vaibhav Sheth learned advocate for the petitioner and Mr.Deep Vyas learned counsel for the respondent nos.1 and 2.

In compliance of the order dated 25.08.2021, Mr.Vaibhav Sheth has tendered an undertaking which reads as under:

"UNDERTAKING ON AFFIDAVIT

I, Mahesh Palabhai Parmar, POA of Manjulaben Maheshbhai Parmar, Aged Adult, Occupation: Advocate, Residing at 430, Municipal Shop, Girdharnagar Choktha, Near Girdharnagar Fly Over Bridge, Ahmedabad, petitioner herein, do hereby undertake to vacate plot no.430 allotted and in possession of the petitioner by respondent corporation in the year 1995 by way of transfer as licensee which is situated near the boundary wall of Manjushree Mill at Girdharnagar Fly Over Bridge, Girdharnagar, Ahmedabad within a period of 1 year (12 months). Furthermore, I also undertake to withdraw the Civil Suit No.84/2015 filed by me and pending before the Court of Learned City Civil Judge, Ahmedabad."

In view of the undertaking so given, it is expected that the Civil Suit No.84 of 2015 shall be withdrawn. Mr.Sheth states that he will submit a pursis before the Competent Court and will withdraw the Civil Suit No.84 of 2015.

In view of the above and the undertaking so filed, the petitioner is permitted to occupy the premises in question till 15.10.2022. No further extension shall be granted.

Before the Civil Court in Regular Civil Suit No.84 of 2015, the amount of rent that the Corporation is entitled to, shall be deposited and on an application being made to the Trial Court for withdrawal of the said suit, the Trial Court shall permit such withdrawal only after the Corporation withdraws the amount of outstanding rent which is deposited. The petitioner shall continue to deposit the amount of rent till 15.10.2022 regularly before the Corporation.

Petition is disposed of accordingly.