Final Order 1

Order Details: Other
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Sr. No.1
11.08.2023
Misc Appeal
99/17
@ Rev Petn 277/18
@ Misc Appln 7/19
Exh.15
CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Viren Asar a/w Adv. Ahuramazda Postvala and Adv. Shantanu
Asar i/b Adv. Sanket Mungale for appellant present.
Adv. Roop Basu i/b The Law Point for respondent present.
Judgment pronounced in open court.
Exh.15 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.99 of 2017 is partly allowed.
2. Appeal so far as it regards to the order of eviction of the appellant
from the premises is hereby confirmed.
3. The order of grant of arrears of dues and damages by the learned
Competent Authority are hereby set aside.
4. Parties to bear their own cost.
5. The respondent Port Trust is at liberty to initiate fresh proceedings
with regard to the alleged arrears of dues and with regard to the
alleged damages, if any, as per law afresh and the period of present
proceedings from the date of initiation of proceedings of Public
Premises Act proceedings till the date of decision of this appeal shall
stand excluded from the period of limitation, if applicable.
ORDER ON REVIEW APPLICATION No.277 OF 2018
By the present application, the appellant is praying for reviving of
the order passed relating to the stay application wherein condition
was imposed of furnishing bank guarantee. In view of the final
order setting aside the assessment, nothing survives in this
application. All questions so far as it relates to the arrears and
damages are kept open.
ORDER ON MISC.APPLICATION No.7 OF 2019
Having considered the grounds stated, merely because the
respondent Port Trust is recognized as a Special Planning Authority
and for reasons stated in the original judgment, the said issue is not
required to be struck down and has to be examined as has been
considered in the judgment. in view of the reasons assigned in the
judgment, nothing survives in this application and I pass the
following order.
Order
Misc. Application No.7 of 2019 stands disposed off as becomes
infructuos.
Sd/-
Principal Judge,
Gr. Mumbai.
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