Disposed

Sanjay Narang and Anr. v. the Central Cottage Industries Corpn.of India Ltd.

Bombay HC2 Jul 2018APP/181/2015

Case brief

AI extract

What is this about?

The High Court disposed of an appeal wherein the appellants argued regarding possession and rent/mesne profits. With the Respondent consenting to negotiate with the landlord and the Court approving the stay of issues, the appeal was disposed of without determining the claims for rent or damages.

What did the court decide?

The appeal stands disposed. The liability for rent/mesne profits is not determined and left open for the constituted committee.

Sanjay Narang and Anr. Vs the Central Cottage Industries… — Landlord and Tenant | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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APPEAL NO.181 OF 2015 WITH NOTICE OF MOTION NO.365 OF 2015 IN APPEAL NO.181 OF 2015

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1.Sanjay Narang & Anr. ...Applicants

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In the matter between

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1.Sanjay Narang & Anr. ...Appellants Versus

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The Central Cottage Industries Corpn.of India Ltd. ...Respondent ---

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Mr.Aurup Dasgupta with Mr.Shrey Shah I/b. Jhangiani Narula & Associates, for the Appellants.

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Mr.Vishwajit Sagare, AGP for the State.

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Mr.Anil Singh, ASG for the Union of India.

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Mr.R.S.Thorat, Senior Advocate I/b. Ganesh K. Gole, for Respondent.

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CORAM: NARESH H.PATIL AND G.S.KULKARNI, JJ

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DATED: 2^nd July, 2018

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P.C.:

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The learned ASG Mr.Singh submits that he had spoken to the

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responsible officer of the Ministry of Textiles in respect of the subject

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issue. A communication received from Mr.Ashok Kinra, Company Secretary, CCIC of India Ltd., dated 29^th June,2018 is placed on record by Mr.Singh. The learned ASG submits that the ministry has now decided to constitute a committee of Senior Officers for direct negotiations with the landlord with a view to arrive at amicable settlement for payment of rent/mesne profits etc. in respect of the first floor premises, 34, CSM Marg, Colaba, Mumbai.

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The learned Counsel appearing for the respondent-Central Cottage Industries Corporation of India Ltd. (CCIC) has placed on record a communication received from the Corporation dated 30^th June,2018. On written instructions, the learned Counsel submits that the respondentCorporation is ready and willing to hand over the possession of the subject premises as stated above, to the landlord/authorised person deputed by the landlord on 5^th July,2018. The communication further reads that after handing over the possession, the CCIC's liability to pay rent shall cease thereafter.

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The learned Counsel for the appellants submits that the name of the authorised representative deputed shall be intimated to the respondent for handing over possession on 5^th July,2018. The statement is accepted.

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The learned Counsel for the appellants submits that at this

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stage, the respondent shall deposit the amount which according to them is reasonable rent/mesne profit. Mr.Thorat, learned Senior Counsel for the Corporation submits that in view of the subsequent development as disclosed to the Court today, the issue be left open for the Committee to be constituted by the Ministry of Textiles who would directly negotiate with the landlord.

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In view of the statement made above, the appeal stands disposed of. The issue relating to claim of the landlord towards rent/mesne profit/damages etc. is not determined by this Court and is left open to be addressed by the parties in the suit.

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In case the parties arrive at a settlement, then they may place such settlement before the learned Single Judge in the pending proceedings in suit no.3436 of 2000.

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We appreciate the assistance rendered by the learned ASG Mr.Singh.

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In view of disposal of the appeal, Notice of Motion no.365 of 2015 does not survive. It is disposed of.

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(G.S.KULKARNI, J.)

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(NARESH H. PATIL, J.)

Sanjay Narang and Anr. v. the Central Cottage Industries Corpn.of India Ltd.

Case brief

What is this about?

What did the court decide?

Sanjay Narang and Anr. v. the Central Cottage Industries Corpn.of India Ltd.

Case brief

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