wp1013-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1013 OF 2011 Gustad Khodad Irani .. Petitioner versus The Brihan Mumbai Electric & Transport Undertaking & Anr .. Respondents Mr.G.V.Murti for the petitioner. Mr.Harinder Toor with Mr.S.K.Chari i/by M/s.M.V.Kini & Co for respondent Nos.1 and 2. CORAM : S.C.DHARMADHIKARI, J. 30th JUNE 2011. P.C.: . This writ petition is directed against the appellate order wherein the appeal preferred by the petitioner to challenge his eviction from the municipal premises has been confirmed. 2 The proceedings are under section 105B of the wp1013-11.doc 2 Mumbai Municipal Corporation Act, 1888. After this, writ petition was argued for sometime, both parties have agreed that the same be disposed off by the following order: O R D E R (a) The orders passed against the petitioner in the eviction case and Misc.Appeal are confirmed, subject to the modification that the petitioner will be permitted to continue and occupy the municipal premises up to 15th September 2011 on condition that the petitioner pays all arrears of rent till date quantified at Rs.3,57,054/- (i.e till 30th June 2011 Rs.2,95,639.60/- + from 1st July 2011 till 15th September 2011 Rs.61,415/-) within a period of one week from today. Further, the petitioner shall continue to pay the monthly rent as charged by the respondent No.1- BEST at the rate of Rs.8,000/- per month plus taxes/charges applicable till the date of his occupation. (b) This order is passed on the further condition that the petitioner has stated before this Court that he is in possession of the premises in question, that none except wp1013-11.doc 3 him is in occupation and carrying business therefrom and that he will not induct anybody else or transfer the said premises till 15th September 2011. (c) The statement made with regard to payment of arrears of rent, monthly rent and occupation of the premises by the petitioner are accepted as undertakings to this Court. (d) After 15th September 2011, if the municipal premises/property of the Undertaking are required for the purpose of undertaking, the petitioner shall hand over vacant and peaceful possession thereof as and when demanded by the 1st respondent. However, if the 1st respondent decides to give the premises on lease for business purpose or any other commercial usage in terms of its applicable policies and regulations, then, together with the bids from interested parties the petitioner’s bid shall also be considered by the said undertaking and it will take appropriate decision uninfluenced by the fact that it had evicted the petitioner wp1013-11.doc 4 earlier. (e) This order is passed in presence of the petitioner as also the officers of the Undertaking who have duly instructed Mr.Toor. (f) Writ petition is disposed off in the above terms. (S.C.DHARMADHIKARI, J)