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2021 DIGILAW 899 (BOM)

Anil Shankar Sharma, son of Shankar Dayal Sharma v. Shankar Dayal Sharma

2021-06-10

M.S.SONAK

body2021
JUDGMENT : Heard Mr. Shivan Desai for the Petitioner and Mr. S. N. Joshi for the Respondent. 2. Rule. Rule is made returnable forthwith with the consent of and at the request of the learned Counsel for the parties. 3. This Petition challenges the order dated 22/12/2020 made by the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (said Act). 4. In the present case, it is not necessary to go into the issue as to whether the impugned order is appealable at the instance of the Petitioner or not. This is because the impugned order, in the present case, is bereft of any reasons. The Presiding Officer has simply observed that the replies filed on behalf of the present Petitioner are not satisfactory and deserved to be rejected. Based on this finding, the impugned order has been made directing the Petitioner to hand over the possession of the shop and the residential house to the Respondent, in addition to maintenance of Rs. 10,000/-. 5. Since, there are no reasons whatsoever in the impugned order, on this short ground the impugned order is required to be set aside and is, hereby, set aside. Absence of reasons whatsoever also amounts to failure of principles of natural justice. 6. Mr. Desai, the learned Counsel for the Petitioner has made it clear that the Respondent continues to reside on the first floor of the residential house and this position will not be disturbed in any manner. Mr. Desai states that in terms of the earlier arrangements made in the year 2012, the Petitioner pays to the Respondent an amount of Rs. 20,000/-per month and that, such payment will continue. 7. The aforesaid statements made on behalf of the Petitioner are accepted. 8. Accordingly, the impugned order dated 22/12/2020 is set aside and the matter is remanded to the Maintenance Tribunal for disposal of the Respondent's Petition in accordance with the Act and on its own merits. Mr. Joshi points out that the Respondent has also filed an application for suitable directions to enable him to reside on the ground floor. The Tribunal to consider the said application as well. The Tribunal will have to comply with the principles of natural justice and fair play, which will include giving of reasons for its ultimate order. 9. Mr. Joshi points out that the Respondent has also filed an application for suitable directions to enable him to reside on the ground floor. The Tribunal to consider the said application as well. The Tribunal will have to comply with the principles of natural justice and fair play, which will include giving of reasons for its ultimate order. 9. It is made clear that the impugned order is set aside only on the ground that the same is an unreasoned order. This means that this Court has not gone into the merits of the matter since, the merits are for the Tribunal to ultimately determine consequent upon the remand. All contentions of both the parties are expressly left open for consideration by the Tribunal. 10. Both the parties to cooperate with the Tribunal for expeditious disposal of the matter. The Tribunal is directed to dispose of the matter as expeditiously as possible and in any case, within three months from the date an authenticated copy of this order is filed before it. 11. The parties to appear before the Tribunal on 17th June, 2021 at 10.30 a.m. and file an authenticated copy of this order. There will be no necessity of issuing fresh notices to the parties since, both the parties will have to appear before the Tribunal on the said date. 12. This Petition is disposed of in the aforesaid terms. There shall be no order as to costs. 13. All concerned to act on an authenticated copy of this order. 14. Pending civil applications do not survive and are disposed off.