1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.455 OF 2009 IN CIVIL APPLICATION NO.114 OF 2009 IN WRIT PETITION NO.7380 OF 2005 Mrs.Savitri Dubey. ..Applicant. v/s. Engg. Export Promotion Council ..Respondent. Mr.A.P.Wachasundar & Mr.Deshpande for applicant in CA. Mr.V.A.Thorat, Sr.Advocate a/w. Mr.Pradeep Thorat, Mr.Rajit, Mr.Shailesh Poria i/b. M/s. Hariani & Co. for Respondent. CORAM:- A.M.KHANWILKAR, J DATED :- NOVEMBER 13, 2009. P.C. 1. Heard Counsel for the parties. 2. By this application, the original Respondent prays for recalling of my order dated 6th February, 2009 on the argument that the observation made in the said order is contrary to the legal position, which has been restated by the Apex Court in the case of Leelabai Gajanan Pansare & Ors. V/s. 2 Oriental Insurance Co. Ltd. & Ors.[(2008) 9 SCC 720]. That cannot be the ground for recall of the order dated 6th February, 2009. Moreover, the observations made in the order dated 6th February, 2009 is only a tentative view taken while considering the earlier Civil Application filed by the Respondent being C.A.No.114 of 2009. That is not finally answering the issue which the Respondents intends to raise that provisions of Rent Act will have no application in the case of Petitioners, who happens to be a company limited by guarantee of Union of India covered by Section 3(1) (b) of the Act. 3. Counsel appearing for the Writ Petitioner in all fairness submits that the controversy can also be answered at the time of final hearing of the Writ Petition. 4. Considering the above, no further orders are necessary at the instance of the Respondent in the Writ Petitioner. All questions available to the Respondents to oppose the Writ Petition are left open to be decided on its own merits in accordance with law at the time of final hearing of the Petition. 3 5. At the end Counsel for the Applicant/Respondent submits that in that case, this Court may atleast fix writ petition for final hearing at the short date, moreso, because the Applicant is senior citizen. It is noticed from the record that by order dated 24th July, 2008, the Court has already expedited hearing of the Petition. That position was restated in Order dated 6th February, 2009. The parties will be free to make request before the appropriate fact for taking up the matter expeditiously. Application disposed of. (A.M.KHANWILKAR, J)