Interim Order 1

Order Details: Other
Pdf Text: 1 Misc.Appeal97.19
IN THE BOMABY CITY CIVIL COURT AT BOMBAY
Misc. Appeal 97 of 2019
M/s.Patdiam Jewels ..Appellants
V/s.
The Development Commissioner
SEEPZSEZ, Andheri & anr. ..Respondents
Coram : H.H.THE PRINCIPAL JUDGE
SHRI V.G. BISHT
Dated : 6th May,2019
(C.R.No.19)
Advocate Mr.Deepan Dixit for appellants.
Advocate Mr.M.S. Bharadwaj for respondents.
Order below Exh.2:
Read application. Read affidavit in reply to appeal. Perused
paper books submitted by both the parties. Heard learned counsel for
parties.
2 In the present appeal, the appellants are challenging the
notice/order dated 1st February,2019 passed by Estate Manager SEEPZSEZ
Authority, Mumbai (respondent no.2) inter alia directing appellants to pay
alleged arrears of rent /Government due in respect of suit property to the
tune of Rs.10,66,990.66 ps. as on 18th December,2018.
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3 It appears that M/s.Starlite Jewels Pvt. Ltd. was put in
possession of subject property pursuant to admitted sanction/allotment
letter dated 25th February,2004 issued by MIDC, a statutory Corporation.
The subject property was then acquired in or about October,2007 from
M/s.Starlite Jewels Pvt. Ltd. by appellants upon making payment of
Rs.2,10,00,000/.
4 According to appellants, it is duly paying lease rent to MIDC as
per the allotment order. Whereas, according to respondent vide
notification dated 7th January,2002 the area of SEEPZ has been merged
with the office of the Development Commissioner, SEEPZ. Thereafter, on
28th June,2005, MIDC entered into an agreement for 95 years. Therefore,
from 2002 itself the ownership rights have been transferred to SEEPZ.
Further, all the landholders were informed vide Circular no.4 dated 14th
June,2016 that no payment will be made to MIDC except security and
technical fee charges in respect of matter related to property of SEEPZSEZ
Authority.
5 Thus, from the above, there appears to be controversy in
respect of payment of lease rent to be paid to respondent, whereas
according to appellants it has duly paid lease rent to MIDC. Incidentally, it
may be noted from the application that agreement dated 28th June,2005, as
claimed by respondent, was executed under duress.
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6 The appellant has also filed on record document (Exh.G) i.e. a
letter addressed to the Regional Officer, MIDC, Andheri(E), Mumbai in
support of its contention that the lease rent has been duly paid upto 2018.
On going through the said letter it appears that the lease rent is duly paid
from the date of allotment i.e. from 2008 to 2018 amounting to Rs.1,000/
and the same is duly acknowledged by the MIDC on 5th July,2018.
7 As against above, Exh.A which is a letter written by the Estate
Manager to appellants dated 29th October,2018 shows that the appellant
was called upon to pay a sum of Rs.10,66,990.66 ps. being arrears of rent
as on 22nd October,2018. Again the appellants were called by Estate
Manager vide letter dated 5th December,2018 at Exh.B to comply the
earlier notice (Exh.A). Interestingly, both the correspondences show that
there were Government dues to the tune of Rs.10,66,990.66 ps. on the part
of appellants. But how that amount came to be calculated and the reasons
therefor is nowhere revealed.
8 In my considered opinion, in the light of documents of rival
parties, the controversy will have to be set at rest after going through the
thorough hearing of present application and giving opportunity to both the
parties. Till then the present application deserves consideration.
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9 Hence, the following order:
O R D E R
Pending hearing and disposal of the present application, the
effect and implementation of the impugned notice/ order
dated 1st February,2019 (Exh.D) is hereby stayed.
06/05/2019 (V. G. BISHT)
Principal Judge,
Gr. Bombay.
Dictated on : 06/05/2019
Transcribed on : 06/05/2019
Signed by HHJ on :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 06/05/2019 (3.00 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 6th May,2019
Order signed by P.O. on 6th May,2019
Order uploaded on 6th May,2019
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