Golden Legend Leasing And Finance ... vs Mr. Dilip Manohar Amladi And Ors
2022 Latest Caselaw 13325 Bom

                                                                 7.WP.15477.22.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 15477 OF 2022


Golden Legend Leasing and
Finance Limited & Anr.                       ...     Petitioners

           Versus

Dilip Manohar Amladi & Ors.                  ...     Respondents



Ms. Fatima Barodawalla a/w Sunil Kumar Singh and Gaurav Pandey for
the Petitioners.
Mr. Raj Patel a/w Ms. Neha Mehta i/b M/s. M.T. Miskita & Co. for the
Respondents.


                                 CORAM :      R.I. CHAGLA, J.
                                 DATED :     20th DECEMBER, 2022.
ORDER :

1 By this Writ Petition the Petitioner is impugning the order

dated 23.12.2021 passed by the Additional Commissioner, Konkan

Division, Mumbai, by which the Revision Application of the Petitioner was

rejected.

2 The Revision Application had raised two grounds on

maintainability of the eviction application filed by the Respondents. One

that the application was premature as the agreement of leave and license

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7.WP.15477.22.doc

dated 21.01.2019 was valid upto 21.01.2022 and the second was that

under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999 the

competent authority had no jurisdiction in view of the Petitioners having

paid up share capital of more than Rs.1 crore. Having perused the

impugned order dated 23.12.2021, though the first ground of

maintainability has been answered, the second ground so far as the

competent authority not having jurisdiction under Section 3(1)(b) of the

Maharashtra Rent Control Act, 1999 has not been answered. Further, it

was necessary to consider whether the Petitioners who are licencees were

exempted under Section 3(1)(b) of the Maharashtra Rent Control Act,

where they have paid up share capital of more than Rs.1 crore.

3 In that view of the matter the Writ Petition requires to be

heard at the admission stage. The Petitioners are still in occupation of the

suit premises. The leave and licence in respect of the suit premises is

stated by the learned Counsel for the Respondents to have been

terminated in the month of January, 2021 and Eviction Petition filed. In

view thereof, the Petitioners are required to be put to terms with respect

to payment of interim compensation. There are also arrears of licence fee

which the Respondents have claimed in respect of the suit premises.

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                             4           Considering that the Petition is being heard at the admission

stage, an ad-hoc compensation of Rs.25,00,000/-, considering that the

licence fee itself is Rs.2,48,100/- from 22.01.2021 to 21.01.2022 is

required to be deposited. The ad-hoc compensation of Rs.25,00,000/-

shall be deposited in this Court by the Petitioners within a period of four

weeks from the date of this order.

5 There shall be stay of the execution of the judgment and

order dated 20.10.2021 passed by the competent authority, lower Court,

Konkan Division, Mumbai under Maharashtra Rent Control Act, subject to

deposit of the ad-hoc compensation of Rs.25,00,000/- within a period of

four weeks from the date of this order.

6 Writ Petition shall be placed for hearing at the admission

stage on 08.02.2023.

(R.I. CHAGLA, J.)

Digitally signed by WAISHALI SUSHIL WAISHALI WAGHMARE SUSHIL WAGHMARE Date:

2022.12.21 17:45:56 +0530

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