The New India Assurance Co.Ltd. v. Titagarh Industrires Ltd

903-WP-11758-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11758 OF 2023 The New India Assurance Co. Ltd.

... Petitioner Digitally signed by SHARADA RANGNATH WAHULE Date:

2023.10.20 11:21:24 +0530 V/s.

SHARADA RANGNATH WAHULE Titagarh Industries Ltd.

... Respondent ____________________________________ Mr. V. Y. Sanglikar, Advocate for the Petitioner. Mr. Siddhesh Bhole a/w Mr. Yakshay Chheda & Riddhi Matekar i/b SSB Legal and Advisory, for the Respondent.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 18 OCTOBER 2023 P.C.:

1.

This Writ Petition is filed challenging the Judgment and Order passed on 21 August 2021 on order below Exhibit-9 by the Court of Small Causes Court at Mumbai in T. D. Suit No.64 of 2021 (Tenancy Dispute Suit under Section 41 of the Presidency Small Cause Courts Act, 1982) and the Judgment and Order dated 12 April, 2023 passed by Appellate Bench of the Small Causes Court, Mumbai.

2.

By consent of parties, the impugned Judgment and Order dated 21 August, 2021 and 12 April, 2023, are quashed and set side, without prejudice to the rights and contentions of both the parties on the following conditions.s Sharada

903-WP-11758-2023.doc 3.

The Petitioner / Insurance Company will not obstruct to the peaceful enjoyment of the suit premises by the authorized representatives of Respondent Company, till the disposal of this suit or the disposal of the eviction suit filed by the Insurance Company before the Estate Officer, (whichever is earlier). 3.

All the parties to act on an authenticated copy of this order. Issuance of certified copy of this order is expedited. 4.

Writ Petition is accordingly disposed of.

(RAJESH S. PATIL, J.) Sharada