PHILLIPS AND COMPANY Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) -

(2.) THESE two Writ Petitions are directed against the judgment and order dated March 7, 1995 rendered by the learned Incharge Principal Judge, City Civil Court, Bombay in Appeals No.14 of 1994 and 31 of 1994. Those two appeals under Section 9 of the Public premises (Eviction of Unauthorised Occupants) Act, 1971 (for short "the Act") were filed against the orders under Sections 5 and 7 of the Act passed by the Estate Officer. In these two Writ Petitions, we are not concerned with the orders so far as they are under Section 7 of the Act. What is challenged in these writ petitions is the order passed by the Estate Officer under Section 5 of the Act which has came to be confirmed by the learned Incharge Principal Judge, City Civil Court, Bombay in the aforesaid appeals. As these two Writ petitions are directed against the common judgment and order for the purpose of admission, they have been heard together, and will be governed by the order that will follow hereinafter.

(3.) IN 1972, the General INsurance business came to be nationalised and the INdian Mercantile INsurance Company Limited formed part of the Oriental INsurance Company Limited- Respondent No.1 in these petitions. Respondent No.1 is a subsidiary of the General INsurance Corporation of INdia which is a Government Company. It was not in dispute before us that the premises in question are public premises within the meaning of the Act.