N P KARANDIKAR Vs. NANJI KHIMJI AND CO

JUDGEMENT

(1.) Rule, made returnable forthwith. Counsel appearing for the Respondent waives service. By consent taken up for hearing and final disposal.

(2.) In these proceedings under Article 227 of the Constitution an order passed by the competent authority on 7th October, 2004 declining to frame a preliminary issue in regard to the maintainability of proceedings under Section 13A(2)of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 has been called into question.

(3.) The facts in these two petitions lie in a narrow compass and are as under :