Forbes And Company Ltd. And ORS v. M/S. Killick Nixion Ltd. And ORS

920-WP-ST-36841-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION [STAMP] NO.36841 OF 2018 FORBES & COMPANY LIMITED AND ANR. ] Petitioners Vs.

M/S. KILLICK NIXION LTD AND OTHERS. ] Respondents .....

None appears for the Petitioners.

Mr. Kevin Andrew Chettiar, Advocate for Respondent No.1. Mr. K.M. Sangani, Advocate for Respondents No.2 to 5. .....

CORAM : R.G. KETKAR, J.

DATE : 20th FEBRUARY, 2019.

P.C.

None appears for the petitioners. Heard Mr. Chettiar, learned Counsel for respondent No.1 and Mr. Sangani, learned Counsel for respondents No.2 to 5.

2.

The petitioners have filed this Petition, inter alia, praying for following relief;

"(a)Issue Rule and call for the records and proceedings of T.E & R Suit No.23/23 of 2003 pending in the Court of Small Cause at Mumbai and direct the Hon'ble Trial Court to decide the said Suit in a time bound manner within a stipulated period as this Hon'ble Court may deem just, equitable and proper in the facts and circumstances of the present case".

3.

Mr. Chettiar has tendered copy of the order dated 31st January, 2018 passed by the learned trial Judge below Exhibit 96 in T.E. & R Suit

920-WP-ST-36841-2018.odt No.23/23 of 2003. By that order, the learned trial Judge has expedited hearing of the suit. The said order is taken on record and marked 'X' for identification. 4.

A perusal of that order shows that the suit is instituted in the year 2003, inter alia, contending that paid up share capital of defendant exceeds Rs.1,00,000,00/- and, therefore, in view of section 3(1) (b) of the Maharashtra Rent Control Act, 1999, the plaintiffs are entitled to recover possession. 5.

In view thereof, Writ Petition is disposed of. The learned trial Judge is requested to decide the suit as expeditiously as possible and in any case, within six months from the date of production of the authenticated copy of this order.

6.

All the parties, including the trial Court to act upon the authenticated copy of this order.

[R.G. KETKAR, J.]