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2008 Supreme(Bom) 142

SWATANTER KUMAR, J.P.DEVADHAR
Nandini J. Shah – Appellant
Versus
Life Insurance Corporation of India – Respondent


Advocates appeared
Ms. Sonal i/by M/s. Pillai & Co. for the petitioners in w.p. No.1278 of 2007
Mr. S.H. Doctor, senior advocate with Mr.Snehal Shah i/by M/s. N.S.
& Hidaytullah for the petitioners in w.p. No.1068 of 2007.
Mr. H.B. Bhave i/by M/s. Bhave & Co. for the respondent No.1.
Mr. V.Y. Sanglikar for the respondent No.2 in w.p. No.1068 of 2007.
Mr. R.C. Master for the respondent No.3.

JUDGMENT (PER C.J.)

Common question of law arises for consideration in the present writ petition and other two connected writ petitions. Thus, all the three writ petitions can be disposed of by this judgment.

2. In all these cases, Life Insurance Corporation of India (hereinafter referred to as the `Corporation’) claims to be the owner of the different premises wherein the petitioners in these petitions have their offices. For example, in Writ Petition No.1278 of 2007, the petitioner has office on the third floor of East West Building, 49/55, Bombay Samachar Marg, Fort, Mumbai of which the Corporation is the owner. In this writ petition, petitioner No.2 is a partnership firm of which petitioner No.1 is the partner. In another writ petition being writ petition No.1797 of 2007, National Insurance Company is the petitioner. The respondent Nos.2 to 4 in writ petition No.1278 of 2007 are stated to be in possession of different parts of the premises and, according to the Corporation, these premises have been sublet without consent in writing or otherwise of the Corporation and as such they are in occupation of the premises unauthorisedly and are liable to be evicted, while in the other















































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