AMI MERCHANDISING PVT. LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. P.K.Dhakephalkar, learned Senior Counsel for the petitioner and Mr.S.D.Rairikar, learned AGP for respondents No. 1 to 3, Mr.Amit Jagoo, learned Counsel for respondent No.4 and Ms.Nishigandha M.Gurav, learned Counsel for respondent No.5 at length. Rule. The learned Counsel for the respective respondents waive service. At the request and by consent of the learned Counsel appearing for the parties, rule is made returnable forthwith and the petition is taken up for final hearing.

(2.) By this petition under Article 227 of the Constitution of India, the petitioners have challenged i) the judgment and order dated 14/07/2008 rejecting the application made by the petitioners for leave to defend ii) the order dated 14/07/2008 rejecting the Intervenor's Application dated 11/06/2008 filed by one Mr.Nirav Modi and iii) the judgment and order dated 14/07/2008 passed by the Competent Authority (Rent Act) Konkan Division, Mumbai (for short 'the Competent Authority') in Case No. 7 of 2008 allowing the application made by the respondents No. 4 & 5 under section 24 of the Maharashtra Rent Control Act, 1999 (for short 'Maharashtra Rent Act'). The petitioners were directed to hand over the vacant and peaceful possession of the premises as more particularly described in paragraph 1 of judgment i.e.

(3.) The petitioners have also challenged the judgment and order dated 05/03/2010 passed by the Additional Commissioner, Konkan Division, Mumbai (for short 'Commissioner') rejecting the revision application preferred by the petitioners under section 44 of the Maharashtra Rent Act. The Commissioner directed the petitioners to pay forthwith a sum of Rs.26 lacs towards arrears of damages upto 28/02/2010 to the respondents No. 4 & 5 and further directed them to pay to them a sum of Rs.2 lacs per month towards damages in the first week of every month from 28/02/2010 onwards till handing over vacant and peaceful possession of the suit premises. Respondents No. 4 & 5 were directed to refund security deposit of Rs.6 Crores to the petitioners upon their handing over vacant and peaceful possession of the suit premises. By prayer clause (b), the petitioners have prayed for quashing and setting aside warrant of possession dated 06/03/2010 issued by the Competent Authority. By prayer clause (c), the petitioners have prayed for issue of writ of mandamus or any other writ or order or direction restraining respondents No. 1 to 6 in any manner acting upon and/or implementing warrant of possession dated 06/03/2010. The facts and circumstances giving rise to the filing of present petition briefly stated are as under.