Final Order 1

Order Details: Copy of Judgment
Pdf Text: MHCC010031712020 Received on :: 13.03.2020
Registered on :: 22.01.2021
Decided on :: 05.03.2024
Duration :: Y-03:M-11:D-23:
Exhibit ::
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
MISC.APPEAL NO.05 OF 2021
IN
MATTER NO.25517
M/s. B.R. Films,
Having its address at G-8, Anand Villa,
15th Road, Santacruz(West),
Mumbai – 400 054.
…. Appellant/
Org.Respdt.
Versus
The Managing Director,
Maharashtra Film, Stage and Cultural
Development Corporation Limited,
Dadasaheb Phalke Filmcity, Near Arey Colony,
Goregaon(East, Mumbai – 400 065.
….Respondents
Org.Complainant
CORAM : HIS HONOUR THE PRINCIPAL JUDGE,
SHRI ANIL SUBRAMANIAM
C.R.NO. . : 19
DATE : 05.03.2024
Appearances :-
Ld. Adv. Pranita Saboo i/b DSK Legal for appellant.
Ld. Adv. B. D. Dhongad for respondent.
ORAL JUDGEMENT
1. By the present Appeal, the appellant is challenging the impugned
order dated 13.02.2020 passed by the learned Competent
Authority.
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Page 2 of 5 Judg. In Misc.Appeal No.5/2021
2. Proceeding were initiated for eviction and damages before the
learned competent authority with regard to the premises allotted
to the Appellant. It is contended that there is breach and default
is committed and period of occupation has lapsed.
3. Appellant contended that proper enquiry is not held and order
has been passed in violation of the principles of natural justice
and against the documents and contentions raised . Hence
present appeal.
4. Heard both sides, considered the submissions, written
submissions, impugned order and the record and proceedings,
following points arise for my consideration and I answer the same
as under for the reason stated hereinafter:-
Sr.
Nos. POINTS FINDINGS
1. Whether the appellant can be said to
be unauthorized occupant?
In the
affirmative
2. Whether the impugned order
requires an interference?
In the Partly
affirmative
3. What order? As per final order
REASONS
As to Point No.1:
5. There is no dispute with regard to the fact that the premises were
allotted by letter dated 8.06.2007. The terms and conditions of
the said allotment was for a period of three years only. There is
nothing on the record to show that this period was extended after
the expiry. In such circumstances as the period has expired, the
aspects of proof of breach of payment of rent or non-payment of
rent is of no consequence. One ground is sufficient for passing
orders. No reason is assigned by appellant as to what authority
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Page 3 of 5 Judg. In Misc.Appeal No.5/2021
the appellant continues to hold the property after the period of
allotment has expired. The malafide is apparent from the fact that
they want it free of cost and are raising various grounds of non
existence of partnership etc. Considering this admitted document
of allotment which period has expired and no extension granted,
the aspect of appellant being an unauthorised occupant is an
admitted fact and no further enquiry was required by the
competent authority in this regard. This being apparent on the
admitted pleadings and facts and documents, the aspect of
appellant being unauthorised occupant is and did not require any
further arguments or hearing. Hence, I answer point No.1 in
affirmative.
As to Point No.2:
6. There is dispute with regard to the quantum of damages, area
and limitation. At the outset, if one considers the proceedings, the
damages are calculated simpliciter on statement given by an
authority. It is necessary to point out that the rules contemplate a
procedure for calculation of arrears and also for calculation of
damages. It is also part of record that the rent has been paid by
the appellant from time to time. All these aspects will have to be
considered by the Competent Authority by permitting both parties
to lead evidence and cross examine the witnesses in this regard.
No opportunity on this disputed aspect has been given by the
Competent Authority and these are not admitted facts.
Considering the same merely holding meetings will not satisfy the
requirement of hearing given. Fair and proper enquiry would be
required as regards this aspect is concerned. There is total lack of
right to challenge the same, and mere correspondence or
meetings cannot be considered to be sufficient compliance of
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Page 4 of 5 Judg. In Misc.Appeal No.5/2021
principles of natural justice. In such circumstances, I hold that the
order partly requires interference as far as the aspect of arrears
and damages is concerned and I pass the following order.
ORDER
1. Misc. Appeal No.5 of 2021 is partly allowed.
2. The order so far as it relates to possession and unauthorised
occupation is confirmed.
3. The order so far as it relates to the calculation of arrears,
damages and compensation is hereby set aside.
4. The matter is remanded back to the concerned Competent
Authority for hearing on this aspect afresh.
5. The parties to appear before the Competent Authority on 3rd of
April 2024.
6. The Authority namely the Respondent to file a detailed claim
of arrears, damages, compensation, if they so desire.
7. The appellant is at liberty to reply to the said pleadings within
six weeks thereafter and the Respondent is permitted to lead
evidence/s if they desire on that aspect with right of cross-
examination to the appellant.
8. The appellant is permitted to give rebuttal evidence/s if any.
9. The competent authority to hear the parties and then decide
the same accordingly.
10. Record and proceedings be returned.
11. Inform concerned Competent Authority.
DATE : 05.03.2024 (ANIL SUBRAMANIAM)
PRINCIPAL JUDGE
CITY CIVIL COURT, MUMBAI.
(JO CODE MH01711).
Dictated on : 05.03.2024.
Transcribed on : 19.03.2024.
Signed on : 21.03.2024.
*Note : Digi-Signer expired, hence no digital signature.
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Page 5 of 5 Judg. In Misc.Appeal No.5/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
21/03/2024 5:30p.m. B.R.HATEKAR (S.G.)
Name of the Judge HH THE PRINCIPAL JUDGE
SHRI A.SUBRAMANIAM (CR No.19)
Date of Pronouncement of Judgment/Order. 05.03.2024
Judgment/order signed by P.O on 21.03.2024
Judgment/order uploaded on 21.03.2024
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