[1.0] RULE.
Shri Mehul Shah, learned advocate waives service of notice of Rule on behalf of the respondent herein - original respondent of Civil Revision Application No.78 of 2012. In the facts and circumstances of the case and with the consent of learned advocates appearing for respective parties, present application is taken up for final hearing today.
[2.0] Present Civil Application has been preferred by the applicant herein - original petitioner of Civil Revision Application No.78 of 2012 for an appropriate direction directing the respondent tenant to deposit the arrears of tax along with the interest i.e. Rs.16,78,926/- with the applicant so that in turn the same can be deposited in Rajkot Municipal Corporation.
3.0] Ms.
Trusha K. Patel, learned advocate appearing on behalf of the applicant has submitted that to save the property the applicant has already deposited a sum of Rs.2 lacs with Rajkot Municipal Corporation and a further sum of Rs.14,78,926/- is due and payable towards arrears of tax and because of that the suit property in question is likely to be auctioned.
[3.1] Shri Mehul Shah, learned advocate appearing on behalf of the respondent has stated at the Bar that so far as the amount of Rs.2 lacs which is already deposited by the applicant herein is concerned, the same shall be paid to the applicant herein by Demand Draft within a period of two weeks from today. It is further stated by Shri Mehul Shah, learned advocate appearing on behalf of the respondent that so far as the balance amount of arrears of tax is concerned, the dispute is pending with the Corporation and actual amount of arrears of tax is yet to be adjudicated by the Corporation. He has stated at the Bar that as and when and/or as soon as actual amount of arrears of tax is adjudicated by the Corporation, without prejudice to his rights, the same shall be deposited with the Corporation immediately and he will see to it that the suit property in question is not put to auction for non-payment of the arrears of tax. He has also stated at the Bar that in future also, as and when any tax is due and payable, the respondent shall make the payment with the Corporation.
[4.0] In view of the above, present Civil Application is disposed of by directing the respondent herein to act as stated herein above.
(M.R.
Shah, J.) menon Top