M/S. RAMNARAIN SONS PVT LTD vs THE BOARD OF MUMBAI FORT AUTHORITY AND ANR

Judgment text excerpt

934-CIVIL WP-12364-2025 .DOC Akash Tayde IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12364 OF 2025 M/s. Ramnarain Sons Pvt Ltd …Petitioner Versus The Board of Mumbai Port Authority & Ors. …Respondents Mr. Husefa Nasikwala a/w Sujit Mashal i/b H. N. Nasikwala, for the Petitioner. Mr. Mandar Bangale i/b Bangale & Associates, for the Respondents. CORAM: MADHAV J. JAMDAR, J. PRONOUNCED ON 11th DECEMBER 2025 UPLOADED ON 31st DECEMBER 2025 JUDGMENT: 1. Heard Mr. Nasikwala, learned Counsel appearing for the Petitioner and Mr. Bangale, learned Counsel appearing for the Respondents. 2. The challenge in this Writ Petition filed under Article 227 of the Constitution of India is to the order dated 13 th August 2025 passed by the learned Judge, Small Causes Court, Mumbai below Exhibit-70 in L.E. & C. Suit No.103/123 of 1983 as also to the order dated 12th September 2025 passed by the learned Division Bench of the Small Causes Court, Mumbai in Revision Application Page 1 934-CIVIL WP-12364-2025 .DOC Akash Tayde No.239 of 2025. The said Application below Exhibit-70 has been filed by the present Petitioner who is the Defendant No.1, seeking rejection of plaint under Order VII Rule 11(d) of the Code of Civil Procedure Code, 1908 (hereinafter referred as “CPC” for short). The said Application has been rejected by the impugned order dated 13th August 2025 by the learned Judge of the Small Causes Court, Mumbai and the same is confirmed by the Revisional Court by the impugned order dated 12th September 2025. 3. Mr. Nasikwala, learned Counsel appearing for the Petitioner submitted that in view of Section 15 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred as “PPE Act” for short), no Court shall have jurisd