:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.268 OF 2008 IN NOTICE OF MOTION NO.1135 OF 2008 IN SUIT NO.958 OF 2008 Central Warehousing Corporation .. Appellants. Vs. M/s.Suntech Peripherals Pvt. Ltd. .. Respondents. Ms.S.I.Shah i/b S.I.Shah & Co. for the appellants. Mr.J.P.Shah for the respondents. CORAM : DR.D.Y.CHANDRACHUD & CORAM : DR.D.Y.CHANDRACHUD & CORAM : DR.D.Y.CHANDRACHUD & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED : 16TH MAY, 2008. DATED : 16TH MAY, 2008. DATED : 16TH MAY, 2008. (Vacation Court) (Vacation Court) (Vacation Court) P.C.: P.C.: P.C.: . On 8th November, 2004, a lease agreement was executed between the appellants and the respondents by which the respondents agreed to let and the appellants agreed to take on lease, premises of a godown together with an uncovered area on the terms and conditions spelt out therein. From the record, it would appear that the appellant as a part of its business accepts goods of other parties including Mahanagar Gas Ltd. and the Narcotics Control Bureau for warehousing. On 3rd December, 2007 the appellant informed the respondents that a decision has been taken to dehire the godown but time was required by Mahanagar Gas Ltd. and the Narcotics Control Bureau for obtaining alternative premises. A meeting was called to ensure an amicable settlement. The :2: :2: :2: appellant instituted a suit under section 6 of the Specific Reliefs Act contending that the respondents are not allowing entry into the premises with effect from 22nd February, 2008. The learned Single Judge declined to grant ad-interim relief on the ground that since the plaintiff has been dispossessed, no order for restoration of the possession could be passed at the ad-interim stage. 2. Learned counsel appearing on behalf of the appellant has stated that the godown has been used for the storage of foodgrains and other related items besides the goods of Mahanagar Gas Ltd. and the Narcotics Control Bureau. It has been urged that as a result of the refusal of relief by the learned Single Judge, the appellant who has admittedly been in possession of the premises under a lease agreement has been precluded from carrying on its business. On the other hand, it has been urged on behalf of the respondents that the lease has not been registered or stamped and that since the godown is situated at Thane, this court would not have jurisdiction to entertain the suit. 3. At this stage when the Notice of Motion is to be taken up for hearing and final disposal it would not be appropriate or proper to render a conclusive finding as to the facts in dispute. However, prima :3: :3: :3: facie, for the purpose of the grant of ad-interim relief, the position as it emerges before the court is that the appellants were admittedly in possession of the godown and open area. Learned counsel appearing on behalf of the respondents has not disputed the fact that the respondents have received the lease rent right upto December, 2007. That being the position, the respondents would not be justified in denying entry to the appellants or precluding the appellants from using the premises for the purpose for which they were let. Learned counsel appearing on behalf of the respondents has stated that the respondents have no objection to the appellant removing the goods but no fresh goods should be allowed into the premises. The respondents cannot impose such a condition. The respondents have adequate remedies in law in order to secure the eviction of the appellant but this has to take place by following due process of law. At the present stage, the conduct of the respondents is such as to warrant the grant of an ad-interim order in terms of prayer clause (a) of the Notice of Motion which reads as follows: "(a) that pending the hearing and final disposal of the suit, this Hon’ble Court may pass the mandatory orders with a direction to the Defendants to allow the plaintiff’s servants, agents, representatives, depositors entry to the warehouse/godown premises situated at Chitalsar, Manpada, Dist. Thane, through the main door/gate of the covered area 42,661 sq. ft. open area 30,018 sq. ft. and office block, 418 sq. ft. lawfully :4: :4: :4: in possession of the plaintiff for the purpose of loading/unloading of the goods of the existing depositors and the new depositors of the plaintiff." There shall be an ad-interim order in the aforesaid terms. The aforesaid direction, shall however, be pending the hearing and final disposal of the Notice of Motion. This shall be subject to the payment of arrears which shall be paid within two weeks from today. Payments for the future shall continue to be deposited by the appellants with the respondents on a monthly basis. This shall be without prejudice to the rights and contentions of the respondents. It is clarified that all the contentions of the respondents including the question of jurisdiction are kept open to be urged in the proceedings before the Learned Single Judge. The appeal is disposed of. (Dr.D.Y.Chandrachud, J.) (K.U.Chandiwal, J.)