Bombay High Court
Selsia Connel PereiraversusROSY B LOUIS
- Decided
- Disposal
- Disposed Off
Holding
The applicant is permitted to withdraw the deposited rent/compensation with interest, subject to an undertaking to redeposit if ordered within four weeks.
Summary
The applicant filed an interim application seeking permission to withdraw rent/compensation that had been deposited with the Small Causes Court during pending eviction proceedings. The underlying civil revision application filed by the tenant had been dismissed for want of prosecution, confirming the eviction decree. The court examined whether the applicant could retrieve the deposited amount despite the eviction order. It held that the applicant, being the mother of the other applicants, may withdraw the deposited sum along with accrued interest, provided an undertaking is given to redeposit if ordered later. The undertaking requires compliance within four weeks of any such order. The interim application was consequently disposed of.
Issues considered
- Whether the applicant is entitled to withdraw rent/compensation deposited with the Small Causes Court after the eviction decree.
- Whether an undertaking to redeposit, if required later, is necessary.
Subjects
- eviction
- civil revision
- interim application
- rent deposit
- Small Causes Court
- withdrawal
- interest
- undertaking
Judgment
2026:BHC-AS:37656
Diksha Rane 17 IA 176 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.176/2026
In
CIVIL REVISION APPLICATION NO.177/2023
SELSIA CONNEL PEREIRA ..APPLICANT
VS
ROSY B LOUIS ..RESPONDENT
Adv. Mark Dbritto i/b. Adv. Ernest Tuscano for applicant.
CORAM : ARUN R. PEDNEKER, J.
DATE : 10th SEPTEMBER, 2026.
Per Court :
1. Heard learned counsel appearing for the applicant.
2. The applicant submits that the Civil Revision Application
filed by the tenant bearing Civil Revision Application No.177/2023
filed before this Court was dismissed confirming the decree of
eviction passed against the tenant. Learned counsel for the applicant
submits that during the pendency of the proceedings,
rent/compensation were deposited before the Small Causes Court.
The Civil Revision Application filed by the tenant was dismissed for
want of prosecution on 7th October, 2024, as such respondents are
not present in the present application also.
Page 1 of 2
10th SEPTEMBER, 2026
Diksha Rane 17 IA 176 2026.docx
3. Considering the facts of the present application, the
applicant is permitted to withdraw amount of the rent/compensation
deposited before the Small Causes Court along with accrued interest.
4. Applicant no.1 is the mother of the applicant nos.2, 3 and 4.
She is permitted to withdraw the amount, however, an undertaking
be given to the Small Causes Court that if any order is passed
hereinafter seeking redeposit, the same will be complied with within
a period of four weeks.
5. The present interim application stands disposed of.
[ ARUN R. PEDNEKER, J.]
Page 2 of 2
10th SEPTEMBER, 2026
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 12/09/2026 15:36:13
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