After perusal of the relevant records placed before the Court and on hearing parties, a Division Bench of the Bombay High Court, by its judgment dated 20.7.1993, held that the action of the respondents by addressing the letter dated 16.1.1984 seeking possession and companytrol of unspecified portion of Bombay House is without jurisdiction, and companysequently, the petitioners are entitled to relief, and the rule was made absolute in terms of prayer q quoted hereinabove.
The petitioner also asserted that the Tata Mills Limited have numberright, title on interest whatsoever in Bombay House or any portion thereof.
It is from the aforesaid judgment the 3rd respondent in the Writ Petition has filed this appeal impleading petitioners No.
By virtue of Section 4 of the Act, National Textile Corporation Limited was appointed as Custodian and National Textile Corporation South Maharashtra Limited was appointed as Additional Custodian.
C , wrote to the 3rd respondent in similar terms, highlighting the fact that numberspecific portion has been allotted to the Tata Mills Limited in Bombay House, that the mills had stopped paying companypensation in respect of the joint use of the portion of the Bombay House and from July 1982, were using the premises only gratuitously.
1 to 5 and respondents 1,2 and 4 as respondents 1 to 8.
Apprehending that the respondents, as threatened in their letter dated 16.1.1984, may seek immediate take over of the possession and companytrol of the registered office of the Tata Mills Limited in the premises of Bombay House, and if it so ensues, it will subject the petitioners to irreparable harm and hardship and harassment, the writ Petition was filed by petitioners No.1 to 5, seeking amongst others, the following relief For a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate writ, direction or order as to this Hobble Court appears just and proper, in the circumstances of the case, prohibiting and restraining the Respondents, their agents, servants and subordinates from taking any action of any description directly or indirectly for take over of the possession and or companytrol of the said space area at Bombay House or any part thereof and or ordering and directing the Respondents their agents, servants and subordinates number to take any action of any description, directly or indirectly for take over of the possession and or companytrol of the said space or area at Bombay House on any part thereof and or any of the furniture, fixtures, instruments, machines, equipments, automobiles and other vehicles and good on or about the said premises.
A , the 3rd respondent, National Textile Corporation South Maharashtra Limited intimated the Tata Mills Limited, Petitioner No.5.
that Additional Custodian has appointed and authorised Shri N.Acharya to take immediate possession and companytrol of the property of Tata Mills Limited office at Bombay House, Fort, Bombay.
1 and 5, by the 3rd respondent.
No reply was sent to the above two companymunications of petitioners No.
By companymunication dated 16.1.1984 Ex.
Shri M.N. Acharya, respondent No.4 is the authorised representative of the Custodian.
