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2018 Supreme(Bom) 290

SHALINI PHANSALKAR-JOSHI
Union of India – Appellant
Versus
Bandra Gas Service – Respondent


Advocates Appeared:
For the Applicants :R.B. Desai, a/w. Priyanka Tiwari, i/by Suresh Kumar, Advocates.
For the Respondents:Vinay Y. Sanglikar, Senior Counsel, Yogesh Naidu, Huda Diamondwala, Ishan Srivastava, i/by. M/s. Diamondwala & Co., Advocates.

JUDGMENT :

1. Heard Mr. Desai, learned counsel for the Applicants, and Mr. Sanglikar, learned Senior Counsel, for the Respondents.

2. This Revision Application takes an exception to the Judgment and Order dated 19th October 2013 passed by the learned Judge of the Bombay City Civil Court at Fort, Greater Bombay, in Short Cause Suit No.612 of 2010, thereby overruling the objection raised by the Applicants to the jurisdiction of the Civil Court to entertain the Suit, in view of the bar created under Sections 10 and 15 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, and holding that the Civil Court has jurisdiction to entertain the Suit.

3. The Applicants herein are the owners of the premises, which are given to the Respondents on licence basis, by virtue of an 'Agreement' dated 11th December 1975. Admittedly, the premises are 'public premises' within the meaning of Section 2(e) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, (for short, “Public Premises Eviction Act”). By the notice dated 22nd December 2009, the Applicants terminated the license by giving one month's notice and called upon the Respondents to handover peaceful and vacant posse




































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