1 caf-1870.11 group Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.NO.1870 OF 2011 IN FIRST APPEAL NO.1192 OF 2011 C.A.NO.1873 OF 2011 IN FIRST APPEAL NO.1193 OF 2011 C.A.NO.1879 OF 2011 IN FIRST APPEAL NO.1194 OF 2011 C.A.NO.1876 OF 2011 IN FIRST APPEAL NO.1195 OF 2011 C.A.NO.1871 OF 2011 IN FIRST APPEAL NO.1196 OF 2011 C.A.NO.1866 OF 2011 IN FIRST APPEAL NO.1197 OF 2011 C.A.NO.1875 OF 2011 IN FIRST APPEAL NO.1198 OF 2011 C.A.NO.1865 OF 2011 IN FIRST APPEAL NO.1199 OF 2011 C.A.NO.1877 OF 2011 IN FIRST APPEAL NO.1200 OF 2011 C.A.NO.1878 OF 2011 IN FIRST APPEAL NO.1201 OF 2011 C.A.NO.1874 OF 2011 IN FIRST APPEAL NO.1202 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Satyan Vaishnav along with Shri Anil Chauhan i/by M/s. N.N. Vaishnawa & Co for the Applicant. Shri S.R. Rajguru with Shri Ashok Varma for the Respondents. -- CORAM : A.S.OKA, J. DATE : 7TH JULY, 2011 P.C.: . The prayers in these applications read thus:- “(a) This Hon’ble Court be pleased to pass an order of injunction restraining the Respondents, their agents, servants and anybody acting through or under them from 2 caf-1870.11 group disturbing the Petitioner’s use occupation and possession of the suit premises being Shop No.27 at Market Complex, NCH Colony, Powai, Kanjur Marg (West), Mumbai – 400 078, otherwise than in due process of law; (b) This Hon’ble Court be pleased to pass an order of injunction permanently restraining the Respondents, their agents, servants, representatives or anybody acting through or under them from demanding any amount from the Petitioner other than the licence fee, electricity and water charges, furniture charges etc. payable by the Plaintiff to the Union of India, the Respondent No.1 being the sum of Rs.1,000/- approx. per month.” 2. It is not in dispute that the Respondents initiated proceedings for eviction against the Applicants under the provisions of the Public Premises Eviction Act. The said proceedings were dismissed and the Writ Petitions preferred by the Respondents against the order of dismissal are pending. The very fact that the Respondents have taken recourse to the provisions of the Public Premises Eviction Act and the very fact that they have challenged the orders in the proceedings shows that as of today, there is no basis for the apprehension that the Applicants will be dispossessed by the Respondents without due process of law. Hence, Prayer clause (a) cannot be granted. As far as Prayer clause (b) is concerned, the Applicants are in possession 3 caf-1870.11 group and as of today, the licence granted to them has not been renewed. A suit filed by the Applicants challenging the demand made by the Respondents has been dismissed. Therefore, prayer clause (b) cannot be granted. However, all payments made by the Applicants will be subject to the final outcome of the Appeals. 3. Subject to what is observed above, the Applications are disposed of on above terms. ( A.S.OKA, J )