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2023 Supreme(Bom) 1854

SHARMILA U. DESHMUKH
Life Insurance Corporation of India – Appellant
Versus
National Insurance Company Ltd – Respondent


Advocates appeared:
J.P.Sen, Advocate, Roopadksha Basu, Advocate, Gaurav Jain, Advocate, A.S.Khandeparkar, Advocate, Vikas Warekar, Advocate, Shreyas Vaghe, Advocate, Warekar, Advocate

JUDGMENT/ORDER

SHARMILA U.DESHMUKH, J. - Heard.

2. Both the Petitions invoke the jurisdiction of this Court under Article 227 of Constitution of India to challenge the order of the Appellate Authority dtd. 26/10/2010 passed in Misc. Appeal No 28 of 2009 filed against the order of the Estate Officer dtd. 18/12/2009. The Petitions were heard together and are being disposed of by common judgment.

3. Vide order dtd. 18/12/2009, the Estate officer passed an order of eviction under Sec. 5 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short PPE Act), recovery of arrears of rent with interest under Sec. 7(1)(2A) of PPE Act, and, recovery of damages with interest under Sec. 7(2)(2A) of PPE Act. The Appellate Authority partly allowed the appeal and set aside the order of recovery of arrears of rent and reduced the quantum of damages. The order of eviction was upheld.

4. Writ Petition No.9224 of 2010, filed by the original Applicant, challenges clause Nos.4 and 5 of the impugned order which reduces the quantum of damages and keeps in abeyance the executability of the order till the decision of High Power Committee respectively. Writ Petition No.10075 of 2010 filed by orig

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