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2017 Supreme(Bom) 981

A.S.OKA, A.K.MENON
Preeti Bhatt – Appellant
Versus
Central Bank of India – Respondent


Advocates Appeared:
Mr. Vaibhav Joglekar a/w Mr. Riyaz I. Chagla, Mr. Neerav Merchant and Mr. Ishwar Ahuja i/b M/s. Thakordas and Madgavkar for the Petitioner in W.P. No. 1290/2012 and for applicant in CAW No. 444/2012 and for the respondent in W.P. No. 5315/2012.
Mr. G.S. Godbole a/w Mr. K.K. Jadhav and Mr. J.K. Jadhav i/b K.K. Jadhav and Associates for the petitioner in W.P. No. 5315/2012 and for the applicant in CAW No. 2486/2015 and for the respondent in W.P. No. 1290/2012.

JUDGMENT :

A.S. OKA, J.

1. These writ petitions can be disposed together as the same relate to the same property. The subject matter of these petitions is the property known as “Ewart House” situated at 22, Homi Mody Street, Fort, Mumbai 400 032 (for short “the said building”). The said building comprises of ground plus four upper floors. The respondent in the Writ Petition No. 1290 of 2015 and the petitioner in Writ Petition No. 5315 of 2012 is Central Bank of India, which a body corporate established under the provisions of the Bank Companies (Acquisition and Approval of Undertakings) Act, 1970 having its central office at Chandramukhi, Nariman Point, Mumbai 400 021. By a deed of conveyance dated 22nd May 1972, the Life Insurance Corporation of India sold the said building to Central Bank of India (for short “the said Bank”).

2. The said Bank filed an application before the Estate Officer appointed under the provisions of the Public Premises (Eviction of unauthorized Occupants) Act, 1971 (for short “the said Act of 1971”). The eviction application was filed against the petitioner in Writ Petition No. 1290 of 2012 and the first respondent in Writ Petition No. 5315 of 2012 Dr. Preeti

































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