Final Order 1

Order Details: Copy of Judgment
Pdf Text: M/s. Silverline Tech. L Anr. Seepz Spl. Eco. Zone Authority Ministry of Commerce & Industry & 2 Ors .
Received on : 27/10/2020
Registered on : 27/10/2020
Decided on : 04/02/2021
Duration : Y : M : D
00 : 03 : 08
Exhibit :
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
MISC. APPEAL NO.13 of 2020
(CNR No. MHCC01- 004629-2020)
M/s. Silverline Technology Limited,
Unit Nos.121, 121A and 122A,
SDF-IV, SEEPZ-SEZ, Andheri(East),
Mumbai - 400 096. ... Appellant
Versus
1. SEEPZ SPECIAL ECONOMIC ZONE
AUTHORITY MINISTRY OF COMMERCE
AND INDUSTRY, Andheri(East),
Mumbai - 400 096.
2. DEVELOPMENT COMMISSIONER
SEEPZ SPECIAL ECONOMIC ZONE
AUTHORITY MINISTRY OF COMMERCE
AND INDUSRY, Andheri(East),
Mumbai - 400 096.
3. The Estate Manager,
SEEPZ SPECIAL ECONOMIC
ZONE AUTHORITY
Andheri(East), Mumbai–400 096 ... Respondents
CORAM : H.H.THE PRINCIPAL JUDGE
S.B.AGRAWAL (C.R.No.19)
DATED : 4th FEBRUARY, 2021
Adv. Mr. Tushar Dahibawkar i/b Dahibawkar & Co.,
for appellant.
Adv. Mr. Shreeram Redij,
for respondents .
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M/s. Silverline Tech. L Anr. Seepz Spl. Eco. Zone Authority Ministry of Commerce & Industry & 2 Ors .
ORAL JUDGMENT
1. Order passed by the Estate Officer in Case No.SEEPZ-SEZ/E&R/
STL/103/2018-19/12688 on 15/10/2020 directing eviction of the
appellant from the subject premises namely Plot No.F1, Marol Industrial
area, Village Pajarpur, Kondivita and Vyaravali, Tq. Andheri bearing Unit
No.121, 121A and 122A (SDF IV) admeasuring 465 sq. mtrs., 206 sq.
mtrs. and 158 sq.mtrs. respectively, is assailed in the present appeal.
2. The subject premises was leased to the appellant on 30th March,
2009 for the period of five years initially, it was renewed and extended
from time to time under Lease Indentures. However, subsequently the
appellant failed in making payment of rent owing to financial
difficulties and as such show cause notice was issued on 18/12/2015
and subsequent thereto considerable amount was paid by the appellant
to the respondents. However, subsequently on 27/07/2020 notice
U/s.4 of the Public Premises Act was issued on different grounds and
proceedings were initiated and consequently the order impugned came
to be passed.
3. Respondents have filed their affidavit in reply and considering the
tenor in the affidavit in reply, it appears that the matter between
parties has been sorted out, however learned Counsel for the appellant
submits that the impugned order is required to be set aside.
4. Learned Counsel for the respondents submits that the
understanding arrived with appellant is on the certain fresh terms and
that the respondents would be entitled to initiate appropriate
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M/s. Silverline Tech. L Anr. Seepz Spl. Eco. Zone Authority Ministry of Commerce & Industry & 2 Ors .
proceedings if those terms are violated. In in any case this would be an
independent cause of action for the respondents having no bearing on
the present appeal.
5. In such view of the matter, following points arise for my
consideration and my findings thereon for the reasons therefor are as
under;
POINTS FINDINGS
1. Whether appellant continues to be in
unauthorized occupation of the suit premises?
In the Negative
2. Whether the impugned order warrants
interference in appeal?
In the Affirmative
3. What order? As per final order.
R E A S O N S
POINT NOS.1 & 2:
6. In para-6 of the affidavit in reply filed by the Assistant
Development Commissioner in the office of Development Commissioner,
SEEPZ-SEZ, Andheri(East), Mumbai, it is stated as under:-
"
6. The Approval Committee in its meeting held on
18/11/2020 approved the proposal of the Appellant
subject to the following conditions/directions:
(i) the Appellant to pay the outstanding rental dues
amounting to Rs.8,30,218/- before the renewal of
Letter of Approval;
(ii) the Appellant to execute sublease agreement within 3
months;
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M/s. Silverline Tech. L Anr. Seepz Spl. Eco. Zone Authority Ministry of Commerce & Industry & 2 Ors .
(iii) the appellant to expedite the submission of all
pending APRs, Softex Forms and online registration.
The said approval was subject to the outcome of the
present appeal filed by the Appellant. Hereto annexed and
marked as EXbhit A is copy of the forwarding letter dated
24/11/2020 addressed to the Appellant along with the
minutes of the Approval Committee meeting held on
18/11/2020."
7. It is contended by the learned Counsel for the parties that the
parties have acted upon the understanding as is mentioned in the
affidavit in reply. At this stage, Officer of the respondents, who has filed
the affidavit, is present before the Court and submits that the
respondents would not be interested in proceeding with the order
impugned in the appeal. Considering all the aforesaid aspects, the
impugned order can be set aside and as such, I answer the points
accordingly and pass the following order.
O R D E R
1. Misc. Appeal No.13 of 2020 is allowed.
2. Order passed by Estate Manager in Case No. SEEPZ-SEZ/E&R/
STL/103/2018-19/12688 on 15/10/2020 is set aside.
Sd/-
04/02/2021 (S.B.AGRAWAL)
Principal Judge,
Gr.Bombay.
Dictated on : 04/02/2021
Transcribed on : 04/02/2021
Signed by HHJ on : 04/02/2021
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M/s. Silverline Tech. L Anr. Seepz Spl. Eco. Zone Authority Ministry of Commerce & Industry & 2 Ors .
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
05/02/2021 4.35PM B.R.HATEKAR S.G.
Name of the Judge HH PRINCIPAL JUDGE (CR No.19)
Date of Pronouncement of Judgment/Order. 04/02/2021
Judgment/order signed by P.O on 04/02/2021
Judgment/order uploaded on 05/02/2021
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