Shri Guruprasad Industrial Canteen Contracotrs,Thr.Prop.Gopal Ramchandra Balgi v. The Board Of Trustees Of Port Of Mumbai And ANR

908-AOST14810-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 14810 OF 2017 WITH CIVIL APPLICATION (ST) NO. 14812 OF 2017 Guruprasad Industrial Canteen Contractors, through Prop. Gopal Ramhandra Balgi ...Appellant

Versus

The Board of Trustees of Port of Mumbai & Anr

...Respondents

Mr Ranjit Thorat, Senior Advocate, i/b Pradeep Thorat, for the Appellant.

Mrs Madhuri More, for the Respondent-MCGM.

CORAM: G.S. PATEL, J DATED:

21st June 2017 PC:- 1.

Mr Thorat for the appellant agrees that so long as the Mumbai Port Trust moves in accordance with law, including in execution of a decree, and does not threaten forcible dispossession of the appellant, which it has not yet done, the appellant has no grievance and particularly not in respect of any proceedings the Mumbai Port Trust may have taken against other parties whether they be tenants or obstructionists.

21st June 2017

908-AOST14810-17.DOC 2.

This clarification is sufficient to dispose of the appeal. The suit will proceed on its own merits unaffected by the order dated 4th April 2017 challenged in this appeal. It is noted, and this is also evident from the impugned order, that there is no dispute that the plaintiff is in possession of the premises in question. 3.

The appeal is disposed of in these terms. The civil application is infructuous and disposed of as such. There will be no order as to costs.

(G. S. PATEL, J.) 21st June 2017