JUDGEMENT
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(1.)Leave granted.
(2.)Heard learned counsel for the parties.
(3.)The learned Attorney General states that the amount of rent which has been fixed by the High court is ridiculously low. On the other hand the learned counsel for the respondents states that the respondents are entitled to the benefit of the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. It is not necessary to go into that controversy at this stage. In any case the order passed by the High court cannot be allowed to stand. Therefore, with consent of the parties, we set aside the same. We direct the Estate Officer to fix damages/compensation after considering relevant factors, within two weeks from the date of receipt of this order. He shall thereafter pass another order fixing the amount of damages/compensation after giving an opportunity to the respondents to produce material in support of their case. Whatever, amount is determined by the Estate Officer shall be paid by the respondents unless it is varied by the High court. The respondents shall, in any case, deposit all the arrears on the basis of the order to be passed by the estate Officer irrespective of any further action that may be taken by the respondents in the High court. The arrears shall be deposited within three months with the appellant Bank as a fixed deposit. The amount so fixed shall be paid regularly till the writ petition in the High court is disposed of. The appeal is disposed of accordingly.
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