Roshani Joshi v. Uco Bank Through Chief Manager, Zonal Office, Mumbai

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1969 OF 2021 Roshani Joshi ... Petitioner Vs.

UCO Bank through Chief Manager, Zonal Office, Mumbai ... Respondent ...........

Ms. Aditi Saxena a/w. Ms. Kinjal Kanani for the Petitioner. Mr. Ashok D. Shetty a/w. Ms. Rita Joshi for the Respondent. ..........

CORAM: R. D. DHANUKA AND MADHAV J. JAMDAR, JJ.

(VACATION COURT) DATE : 27th MAY, 2021.

(THROUGH VIDEO CONFERENCE) P. C:- 1.

By this Petition, Petitioner has impugned the order dated 29th April, 2021 annexed at Exhibit-B to the Petition thereby terminating Lease Deed in respect of the residential accommodation provided to the Petitioner. The Petitioner has separately impugned the order of termination in a separate Writ Petition.

2.

By the said letter dated 29th April, 2021, the Respondent has informed the Petitioner that the Lease Agreement dated 12th October, 2020 signed by the Petitioner and house owner Shri Narender Singh

2/3 5. WP. 1969.2021.doc Yadav stands annulled and the Bank would cease to reimburse the monthly rent of Rs.15,270/- w.e.f. 1st May, 2021. The Respondent also advised the Petitioner to inform the landlord immediately in respect of the termination of the Lease Agreement, as also for recovering the Security Deposit of Rs.70,000/- from him and to remit to the Bank before 31st May, 2021 for due adjustment of outstanding entry.

3.

During the course of the argument, Mr. Shetty learned Counsel for the Respondent states that there is no Lease Agreement between the Respondent and the land owner of the house Shri Narender Singh Yadav 4.

In view of the order dated 16th April, 2021 and 6th May, 2021 passed by this Court on its own Motion in Suo Moto Public Interest Litigation No. 1 of 2021, we direct that the Petitioner shall not be evicted from the said house till 30th June, 2021, subject to further order that would be passed by this Court on 11th June, 2021 in Suo Moto Public Interest Litigation No. 1 of 2021 5.

The question as to whether the Petitioner is liable to pay monthly rent of Rs.15,270/- during these period or not, the said

3/3 5. WP. 1969.2021.doc issue is kept open and to be decided separately in Writ Petition filed by the Petitioner impugning order of termination of her employment.

6.

Writ Petition is disposed of in the aforesaid terms. There shall be no order as to costs.

7.

Parties to act on copy of this order authenticated by the Sheristedar of this Court.

(MADHAV J. JAMDAR, J.) (R. D. DHANUKA, J.)