THE ORIENTAL INSURANCE COMPANY LTD. vs D.J. SHUKLA AND COMPANY

Judgment text excerpt

Digitally signed VARSHA by VARSHA VIJAY RAJGURU VIJAY Date: RAJGURU 2026.01.05 18:14:04 +0530 2-CRA-672-2009.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY varsha CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 672 OF 2009 The Oriental Insurance Company Ltd ) A govt company having its Head Office, ) at Asaf Ali Road, New Delhi and its ) Mumbai Regional Office No.1 at Orienta ) House 7, J. Tata Road, ) Mumbai 400 020. )… Applicant (Org. Respondent) Versus D.J Shukla and Company ) Cabin No.4, Mezzanine floor, ) Oriental House, 7, J. Tata Road, ) Mumbai 400 020 and 37, ) New Marine Lines, Mumbai 400 020 )..Respondent (Orig. Appellant) Mr. V.Y. Sanglikar for Applicant CORAM : GAURI GODSE, J. RESERVED ON : 18th SEPTEMBER 2025 PRONOUNCED ON : 5th JANUARY 2026 JUDGMENT :- 1. This civil revision application is filed under Section 115 of the Civil Procedure Code, 1908 (‘CPC’) to challenge the Page no. 1 of 16 2-CRA-672-2009.doc order passed by the learned City Civil Court in the appeal preferred by the respondent to challenge the order of eviction and damages passed by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (‘said Act’). 2. Learned counsel for the applicant submitted that during the pendency of this civil revision application, the possession of the subject premises was handed over to the applicant. Accordingly, in the present civil revision application, the only issue to be decided is the applicant’s claim for damages arising from the respondent's unauthorised occupation. BASIC FACTS: 3. The proceedings are initiated in respect of the premises, which consist of a cabin on the mezzanine floor of a building known as the Oriental House, owned by the applicant. The respondent occupied the subject premises in the said bu