BAGALKOT UDYOG LTD Vs. AIR INDIA LTD

JUDGEMENT

(1.) The petitioners claim that they were tenants of a premises measuring 6426.65 sq.ft. situated on the 14th Floor of Air India Building, Nariman Point, Mumbai. The Estate Officer passed an order under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, by which he ordered the petitioners to vacate the premises within 15 days therefrom. This order was challenged by way of an appeal before the City Civil Court at Bombay being Miscellaneous Appeal No. 264 of 2001, which has been decided by the Appellate Authority on 27th December, 2007. The present writ petition challenges the order passed in Miscellaneous Appeal as well as the order passed by the Estate Officer.

(2.) Mainly three grounds were agitated before this Court. One of the ground was that since the petitioner No.1 company was declared as sick unit in terms of Section 22 of the Sick Industrial Companies Act, 1985 (for short "SICA"), the eviction proceedings were without jurisdiction. Second ground agitated was that the guidelines issued by the Central Government with respect to the occupation of the public premises were violated and therefore the order of eviction was bad. Thirdly, the petitioners have also claimed that by virtue of coming into effect of Maharashtra Rent Control Act, 1999, the petitioners were entitled to protection under the Maharashtra Rent Control Act.

(3.) Coming to the first argument, it is contended by the learned Counsel for the respondents that this question stands concluded by the judgment of the Supreme Court. In order to appreciate the rival arguments, it is necessary to look into subsection