DOSA HIRJEE Vs. BIJOY KUMAR JHAJHARIA

JUDGEMENT

(1.) THE petitioner in this application is a partnership firm. The respondent No. 1 is a business concern. Respondents Nos. 2 to 4 are described as officers of M/s. Scientific Instruments Company Limited. Respondent No. 5 is the authority and respondent No. 6 is the State of Maharashtra. The petitioner is challenging the order of the learned Executive Magistrate -respondent No. 5 passed on April 24, 1981. The litigation in this case was initially commenced by respondent No. 1 in the Court of Executive Magistrate at Bombay. Respondent No. 1 approached the Magistrate under Section 145 of the Criminal Procedure Code, making respondents Nos. 2, 3 and 4 as opposite party in that dispute. This dispute was filed before the Magistrate on July 1, 1976 on the ground that the respondents Nos. 2 to 4 have wrongfully dispossessed the respondent No. 1 from the disputed premises, and, there is likelihood of breach of peace. This dispute was ultimately decided by the learned Magistrate by his order dated August 11, 1977. It was found that the respondent No. 1 was in actual occupation on June 7, 1976 and he was forcibly dispossessed by respondents Nos. 2 to 4.

(2.) RESPONDENTS Nos. 2 to 4 carried the dispute to the Sessions Court as well as to the High Court. Finally, on March 13, 1981, the High Court confirmed the order passed by the learned Executive Magistrate on August 11, 1977 and the High Court finally decided this matter in Criminal Application No. 835 of 1980, by its judgment dated March 13, 1981.

(3.) AFTER the decision of the High Court on March 13, 1981, the respondent No. 1 started to execute the order passed by the Executive Magistrate. It is in execution of this order that the present petitioner came on the scene. When the Police Inspector attempted to enforce the order passed by the learned Executive Magistrate, it was reported that the present petitioners were in occupation of the disputed premises. I may mention here that the disputed premises are a' godown, situate at godown No. 15, plot No. 18, ground floor, Sion road, Wadi Bunder, Bombay -400 009. For the sake of brevity I will refer this premises as disputed premises.