1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A.NO.102/2007 Oriental Insurance Co.Ltd. Petitioner Vs. The Hindustan Spinning & Weaving Mills Ltd. Respondent Ms.Priscilla Samuel i/b Shri.R.V.Samuel for the petitioner Mr.Mustafa Doctor a/w Aziza Khatri & Shane Speco i/b M/s Hariani & Company Coram : S.J.Vazifdar,J. Date : 18th November,2008 P.C. 1] The C.R.A.is filed against the order of the lower Appellate Court confirming the decree passed by the trial Court for eviction against the petitioner. 2] The only contention which requires to be considered is whether the petitioner is entitled to the protection under The Maharashtra Rent Control Act,1999 in view of section 3(1)(b) thereof which provides that the Act shall not apply inter alia to public sector undertakings. The issue is no longer rest integra .The Supreme Court by a Judgment dated 20.8.2008 in case of Smt.Leelabai Gajanan Pansare & Ors.Vs. The Oriental Insurance Co.Ltd.& Ors. in C.A.No.5136/2008 held that the petitioner is not entitled to the protection of the said Act. In paragraph 49 the Supreme Court has 2 expressly observed that the present petitioner and such other government companies as defined under section 617 of the Companies Act are not entitled to the protection of the Maharashtra Rent Control Act,1999 in view of the provisions of section 3(1)(b) thereof. There is no dispute in this regard . 3] An application is made for reasonable time for vacating the premises. 4] In the circumstances the C.R.A.is disposed off as follows:- The C.R.A.is dismissed. The time to vacate is extended up to and inclusive of 28th February,2009 subject to the applicant filing an undertaking in the usual form on or before 15th December,2008. No further extension shall be granted. Needless to say that the respondent is at liberty to make an application for mesne profits in accordance with law. The C.R.A.stands disposed off.