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Bombay High CourtWP/263/2018disposed off

Dattatraya Electroplating Works And 2 ORS v. Dena Bank And 2 ORS

2019-03-22Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice M.S. Sanklecha1 pages

SKN 1/1 263.18-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 263 OF 2018 M/s.Dattatraya Electroplating Works and others. ...

Petitioners.

V/s.

Dena Bank and others.

...

Respondents.

Mr.E.A.Sasi for the petitioners.

Mr.R.L.Shethia with Ms.Jyoti Vaity for respondent No.1. CORAM :

A.S.OKA AND M.S.SANKLECHA, JJ.

DATE :

22nd March 2019 P.C.:

The challenge in this petition under Article 226 of the Constitution of India is to the show cause notice issued under the provisions of the Pubic Premises (Eviction of Unauthorised Occupants) Act, 1971. If the petitioners raise the contentions which they have raised in this petition, while deciding the proceedings finally, the Estate Officer is bound to take into consideration all the contentions raised by the petitioners. Hence, we decline to entertain this petition under Article 226 of the Constitution of India. Accordingly, the petition is disposed of. All contentions on merits are kept open.

(M.S.SANKLECHA, J.) (A.S.OKA, J.)