1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5002 OF 2008 WITH WRIT PETITION NO.5003 OF 2008 WRIT PETITION NO.5004 OF 2008 AND WRIT PETITION NO.5005 OF 2008 BPM Industries Ltd. & Ors. ..Petitioners. V/s. Smt.Basanti N. Roy. ..Respondent. Mr.M.U.Pandey for petitioners. Mr.P.K.Dhakephalkar i/b. J.G.Reddy for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 28, 2008. DATE : JULY 28, 2008. DATE : JULY 28, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The Petitioners/Defendants has not denied two crucial facts stated in the plaint that the Defendant No.1 is public limited company and that the paid-up share capital of Defendant No.1 was more than Rs. One Crore at the relevant time. Besides, the fact that the suit premises have been let out to the Defendant No.1 company is also undisputed. On this undisputed facts, no oral evidence was required to be adduced by the Plaintiff to make good the point that the Rent Court will have no jurisdiction to entertain 2 the Suit brought by the Plaintiff. Thus understood, the Suit filed by the Plaintiff under the provisions of Transfer of Property Act before the Small Causes Court therefore, has been rightly taken to its logical end. Hence no interference against the concurrent view taken by the two courts below is warranted. Dismissed. 3. At this stage, Counsel for the Petitioners submits on instructions of the legal adviser and authorised officer of the Petitioner company who is present in court, that the Petitioners be granted six months’ time to vacate the suit premises, so as to abide by the Order of eviction passed by the Courts below. The Counsel for the Respondent has no objection, provided, the Petitioners were to file usual undertaking in this Court within two weeks from today. Accordingly, request made by the Petitioners to grant six months’ time to vacate the suit premises is accepted on Petitioners’ filing usual undertaking in this Court within two weeks from today, failing which the Respondent will be free to proceed in the matter in accordance with the law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)