Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 2953 of 2009 Madan Lal Gupta & anr. ...Petitioner v/s. British Airways Pvt. Ltd. ...Respondents Mr. P.S.Dani for the petitioner. Mr. K.J.Presswala for the respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : MARCH 21, 2009 : MARCH 21, 2009 : MARCH 21, 2009 P.C. . Heard Counsel for the parties. 2. Preliminary objection is raised about maintainability of the Writ Petition. According to the Respondents remedy of revision is available against the impugned decision. Even so the parties were called upon to address the Court so that the preliminary issue as well as order on merits can also be passed together. 3. After having considered the rival submissions, I have no hesitation in taking the view that the order passed by the Court below is just and proper. The question as to whether the suit should be decreed on admission cannot be decided as is prayed. The defence taken by the Respondent will have to be decided. According to them, the mere fact that the operation of 2 the Respondent is also multi national does not necessarily mean that the premises occupied by the Respondents would be exempted from the provisions of Rent Act. All these aspects will have to be considered at the trial. Leaving all questions open on merits, this Petition is dismissed. 4. Counsel for the Petitioner submits that the hearing of the suit be expedited. That request can be made before the trial Court who will be in a better position to appreciate that request and pass appropriate orders as may be required. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]