The respondent, being the Court Receiver in the aforesaid suit, issued Notice dated July 26, 2001 to the appellant herein to pay companypensation at the rate of RS.1,75,000/ per month from 1.4.2000 and to vacate the suit premises.
The brief facts, necessary for the disposal of this appeal are thus An immovable property known as Dev Ashish is a tenanted property situated at Padam Tekri, Peddar Road, Bombay hereinafter referred to as the suit property .
The appellant replied to the said numberice of the respondent stating that the respondent has been appointed to companytrol the suit premises and has numberright and power to determine the tenancy of the appellant.
The said civil revision application was dismissed by the Bombay High Court vide its judgment and order dated 16.9.2010.
The appellant defendant, therefore, filed a revision petition before the High Court of Bombay under Section 115 of the Code of Civil Procedure, being Civil Revision Application No.452 of 2009.
Aggrieved by the said judgment and order dated 16.9.2010, this appeal, by special leave, has companye up before this Court.
The respondent herein was appointed by the Bombay High Court to take charge of the suit property in Suit No.234 of 1987, which was filed on the original side of the Bombay High Court, in terms of prayer clause a of the Notice of Motion which reads as follows That pending the hearing and final disposal of above suit, the Court Receiver, High Court, Bombay or some other fit and proper person be appointed as a Receiver of an immovable property known as Dev Ashish situate on Sub Plot No.1 of Plot No.
The respondent instituted a suit against the appellant defendant before the Court of Small Causes, Bombay which was decreed in favour of the respondent.
Being aggrieved by the said decree, the appellant defendant filed an appeal before the Appellate Bench of the Small Causes Court, being Appeal No.837 of 2003.
This appeal was dismissed by judgment and order dated June 12, 2009.
Meanwhile, the appellant was declared as a sick companypany under the Sick Industrial Companies Special Provisions Act, 1985 hereinafter referred to as the SICA .
Pinaki Chandra Ghose, J. Leave granted.
This appeal has been preferred against the Judgment and order dated 16th September, 2010 passed by the High Court of Judicature at Bombay in Civil Revision Application No.452 of 2009, dismissing the Civil Revision Application filed by the appellant tenant.
