1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVN. APPLICATION NO. 551 OF 2008 Employees State Insurance Corporation ... Applicant v/s Kishore Bajranglal Pasari ... Respondent Mr.A.J.Jadhav for the applicant. Mr.P.K.Dhakephalkar i/by Sachin Dhakephalkar for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 12TH NOVEMBER, 2009 P.C.: 1. The E.S.I. Corporation has filed the present application contending that they are not liable to be evicted from the suit premises. The eviction was sought on the ground that the Corporation was not protected under the Act in view of the provisions of Section 3(1)(b) of the Maharashtra Rent Control Act, 1999. 2 2. Both the Courts below have found that the only defence raised by the Corporation is that the premises were requisitioned and hence they are not liable to be evicted. Both the Courts below have also concurrently found that the Corporation has not produced any evidence to substantiate its defence. In these circumstances, the suit has been decreed. 3. I see no reason to differ from the view taken by the Courts below and the civil revision application is, therefore, rejected. 4. On the request made by the learned advocate for the Corporation, the decree will not be executed for a period of two months from today on an undertaking being given by an authorized officer of the Corporation that the premises would be vacated within two months failing any order being obtained from the Apex Court. The undertaking to be filed within two weeks from today. 5. In view of dismissal of the civil revision application, civil application No. 244 of 2009 also stands dismissed. ..... 3