[Cites 4, Cited by 0]
Bombay High Court
Melronia Hospitality Private Limited vs The State Of Maharashtra (Through The ... on 28 November, 2025
Author: R.I. Chagla
Bench: R.I. Chagla
2025:BHC-OS:22652-DB
Melronia Hospitality v. State of Mah.
WP(L)34020/2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 34020 OF 2025
Melronia Hospitality Pvt. Ltd & Ors. ... Petitioners
V/s.
The State of Maharashtra & Ors. ... Respondents
_______________________________________
Mr. Girish Godbole, Senior Advocate a/w. Mr. Yash Momaya, Mr. Sandeep
Dhangar & Ms. Kinjal Kakkar i/b. Mr. Jayesh R. Vyas for Petitioners.
Mr. Vishal Khanavkar, AGP for Respondent Nos. 1 & 3 to 6.
Mr. Anil Y. Sakhare, Senior Advocate a/w. Mr. Laxman Shahapur, Ms. Deepali
Bobade & Mr. Ashish Chauhan for Respondent No. 7.
_______________________________________
CORAM : R.I. CHAGLA AND
FARHAN P. DUBASH, JJ.
RESERVED ON : 25th NOVEMBER 2025
PRONOUNCED ON : 28th NOVEMBER 2025
ORDER (Per Farhan P. Dubash J) :
1. The present Writ Petition invokes the extra-ordinary jurisdiction
of this Court under Article 226 of the Constitution of India by issuance of a
writ of mandamus for implementation and execution of orders and
judgments passed under Chapters V and VIII of the Maharashtra Rent Control
Act, 1999 which prescribes special provisions for recovery of possession of
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Order dated 28th November 2025
Melronia Hospitality v. State of Mah.
WP(L)34020/2025
licensed premises and for summary disposal of applications by the
Competent Authority in that regard.
2. A brief narration of the relevant facts is set out hereunder:
(i) A Leave and License Agreement dated 19
June 2018 was executed between the Petitioner
(landlord) and Respondent No. 7 (licensee) in respect
of Flat No. 3102, admeasuring 1600 sq. ft. (carpet
area), situated on the 31st Level, Adonia "B" Wing,
Hiranandani Gardens, Powai, Mumbai - 400 076
(licensed premises).
(ii) Owing to the defaults committed by
Respondent No. 7, the Petitioner filed Eviction
Application No. 51 of 2020 (said application) before
the Competent Authority under Section 24 of the
Maharashtra Rent Control Act, 1999 (Rent Act). The
said application was allowed by an order dated 23
November 2021 (eviction order), directing the
licensee to hand over vacant and peaceful possession
of the licensed premises to the landlord, along with a
further direction to pay arrears of licence fees and
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Order dated 28th November 2025
Melronia Hospitality v. State of Mah.
WP(L)34020/2025
monthly compensation until possession was handed
over.
(iii) The licensee challenged the eviction order
by filing a Revision Application under Section 44 of
the Rent Act before the Additional Commissioner.
However, the said Revision Application came to be
rejected vide order dated 14 June 2022.
(iv) Thereafter, the licensee preferred a Review
Application, which also came to be dismissed vide
order dated 13 March 2023.
(v) The orders passed in the Revision
Application and Review Application were then
challenged by the licensee before this Court by filing a
writ petition which came to be dismissed vide order
dated 17 October 2024.
(vi) In the meanwhile, the landlord had sought
execution and implementation of the eviction order by
preferring Execution Application No. 42 of 2023
before the Competent Authority.
(vii) By an order dated 19 December 2023, the
Competent Authority directed the Execution Officer to
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Order dated 28th November 2025
Melronia Hospitality v. State of Mah.
WP(L)34020/2025
evict the licensee after giving him prior notice. He also
directed police protection to the Execution Officer for
this purpose, if required. Pursuant thereto, a Warrant
of Possession also came to be issued by the Competent
Authority on 15 February 2024.
(viii) Since then, it appears that there have been
three attempts on 9th December 2024, 13th February
2025 and 27th March 2025 to execute the said
warrant, however, all such attempts have failed owing
either to the absence or non-availability of officers
from one or the other concerned authority.
(ix) Execution Application No. 124 of 2025 has
also been filed by the landlord before the Competent
Authority for recovery of the amounts awarded under
the eviction order. The said application is pending as
on date.
(x) Although the Execution Application has
since been listed on several occasions, till date, the
eviction order remains to be executed.
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Order dated 28th November 2025
Melronia Hospitality v. State of Mah.
WP(L)34020/2025
3. In these circumstances, the present Writ Petition has been filed
seeking the intervention and assistance of this Court for implementation and
execution of the eviction order, in view of the repeated failures on the part of
the Eviction Officer to evict the licensee and take possession of the licensed
premises and handover the same to the landlord.
4. Mr. Girish Godbole, learned Senior Counsel appearing on behalf
of the landlord/Petitioner herein has carefully taken us through the record
and in particular, all the orders set out hereinabove. He is at pains to point
out that despite the eviction order being passed as far back as on 23
November 2021, the landlord is being deprived of possession of the licensed
premises by the licensee who has somehow misused the mechanism and
succeeded in not handing over possession of the licensed premises to him. In
the bargain, he submits that the licensee/Respondent No. 7 herein has
remained in possession of the licensed premises which is a 1600 sq. ft.
residential flat in the prime locality of Hiranandani Gardens at Powai
without paying a single farthing.
5. Mr. Godbole submits that despite three attempts to execute the
Warrant of Possession, the same could not be executed either due to absence
of police personnel for providing assistance or the non-availability of the
Execution Officer of the Competent Authority. He further submits that there
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Order dated 28th November 2025
Melronia Hospitality v. State of Mah.
WP(L)34020/2025
is also an FIR registered against Mr. Ganesh Chukkal, Director of the
licensee/Respondent No. 7 herein, at the Powai Police Station and his
application for anticipatory bail has also been rejected by the Sessions Court
as well as by this Court with some serious observations being made therein.
We are informed that the Supreme Court has also not interfered with these
orders. However, despite this, the Petitioner is still being deprived of the
licensed premises which continues to remain in the possession of the
licensee/Respondent No. 7 herein who is refusing to comply with the eviction
order and vacate it and surrender possession to the landlord.
6. Mr. Anil Sakhare, learned Senior Counsel appearing for the
licensee/Respondent No. 7 herein fairly does not dispute the above-stated
orders. Further, he is also unable to point out any legal provision which
would entitle his client to remain in possession of the licensed premises.
Despite this position, in response to a query from this Court as to when
vacant and peaceful possession of the licensed premises would be handed
over to the landlord, Mr. Sakhare informs us that he has no instructions in
that regard from his client.
7. Upon hearing the parties and going through the record, we are
of the considered opinion that the eviction order dated 23 November 2021
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Order dated 28th November 2025
Melronia Hospitality v. State of Mah.
WP(L)34020/2025
has attained finality and is required to be implemented and executed
forthwith. The licensee/Respondent No. 7 herein has admittedly been
unsuccessful in challenging the eviction order despite multiple attempts by
him. However, despite being repeatedly unsuccessful in all his said attempts,
he has still failed to vacate and handover possession of the licensed premises
to the landlord. He has no legal right to remain in possession of the licensed
premises and it is most unfortunate, that he still continues to do so. He is
required to forthwith surrender and handover possession of the licensed
premises to the landlord. His persistent refusal to comply with the eviction
order has not only frustrated the due process of justice but has also unjustly
deprived the landlord of the rightful fruits thereunder. Such conduct strikes
at the very heart of fairness and undermines the sanctity of judicial
determinations and this Court cannot permit this position to continue, any
longer.
8. Accordingly, the present Writ Petition is disposed of in terms of
the following order:
:: ORDER ::
(i) The Court Receiver, High Court, Bombay is hereby
appointed as the Receiver of the licensed premises viz.
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Order dated 28th November 2025
Melronia Hospitality v. State of Mah.
WP(L)34020/2025
Flat No. 3102, admeasuring 1600 sq. ft. (carpet area),
situated on the 31st Level, Adonia "B" Wing,
Hiranandani Gardens, Powai, Mumbai - 400 076.
(ii) The Court Receiver shall forthwith take physical
possession of the licensed premises from Respondent No.
7 or any other person who may be found therein and
thereafter, hand over possession of the same to the
Petitioner. This exercise shall be successfully completed
within a period of four weeks from today and in any
event, not later than 26 December 2025.
(iii) The concerned Inspector in charge of the Powai Police
Station is hereby directed to ensure that adequate and
necessary police protection is provided to the Court
Receiver so as to enable him to successfully take
possession of the licensed premises and handover the
same to the Petitioner.
(iv) Upon successful completion of the directions given
above, the Court Receiver shall stand automatically
discharged, without the need to draw up accounts and
on payment of his costs and charges which shall be borne
by the Petitioner.
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Order dated 28th November 2025
Melronia Hospitality v. State of Mah.
WP(L)34020/2025
(v) There shall be no order as to costs.
(vi) List the Writ Petition for compliance on 6 January 2026.
( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. )
7.WP(L).34020[1].2025.doc
Ajay Jadhav
JYOTI PRAKASH
PRAKASH PAWAR
PAWAR Date:
2025.11.28
12:04:56 +0530
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Order dated 28th November 2025
