JUDGMENT

Abhay Manohar Sapre, J.

       IN CIVIL APPEAL NO.751 OF 2008

1. This appeal is filed against the final judgment and order dated 16.01.2007 passed by the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in L.P.A. No.46 of 2004 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and upheld the order dated 25.11.2003 passed by the Single Judge of the High Court in Writ Petition No.1795 of 2003 by which the writ petition filed by respondent No.1 herein was allowed and the order passed by the Estate Officer of the National Textile Corporation Ltd. (respondent No.2 herein) was set aside.

2. Few facts need to be mentioned infra for disposal of the appeal, which involves a short question.

3. The appellant was originally a privately owned Company situated at Akola (Maharashtra). It was engaged in the business of manufacture of cotton.

This Mill was later taken over by the National Textile Corporation (Maharashtra) Ltd., which is a subsidiary of NTCa Government of India Undertaking.

4. Since the appellant became the Government of India Undertaking, the provisions of Public Premises (Eviction of Unauthorized Occ