Bombay High Court
SILICON INTEERFACES THROUGH S.BASUversusTHE ESTATE MANAGER SEEPZ- SPECIAL ECONOMIC ZONE AUTHORITY GOV. OF INDIA
- Decided
- Disposal
- Disposed Off
Holding
The petitioner owes only Rs35,52,678 as rent arrears up to 3 May 2018, has no liability thereafter, and must be permitted one week to remove its machinery.
Summary
Silicon Interfaces (petitioner) challenged a City Civil Court order that confirmed its eviction from public premises under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, but required a fresh determination of rent arrears. The High Court, after considering an interim order requiring a Rs10 lakh deposit and a conciliation committee report fixing arrears of Rs35,52,678 as of 3 May 2018, modified the lower court's judgment. It held that the petitioner must pay the balance of Rs35,52,678 within eight weeks, is not liable for any rent after 4 May 2018, and must be allowed one week to remove its machinery after the seal is opened. The eviction order remains, but the rent liability is limited to the pre‑May‑2018 period. The writ petition was partly allowed and disposed of.
Issues considered
- Whether the petitioner is liable to pay rent arrears for the period after the eviction date of 4 May 2018.
- Whether the High Court can modify the lower court's order regarding the quantum of rent payable.
- Whether the petitioner is entitled to a time‑frame for removal of its machinery from the sealed premises.
Legislation cited
Subjects
- eviction
- rent arrears
- public premises
- conciliation committee
- interim order
- removal of machinery
Judgment
Sonali Mane 7-IA-7569-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12503 OF 2019
Silicon Interfaces … Petitioner
Versus
The Estate Manager Seepz … Respondent
WITH
INTERIM APPLICATION NO. 7569 OF 2026
IN
WRIT PETITION NO. 12503 OF 2019
The Estate Manager Seepz … Applicant
Versus
Silicon Interfaces … Respondent
Mr. R. R. Shetty, Senior Advocate a/w Mr. S. N. Rajpurohit i/b
Mr. Amogh Patker for Petitioner.
Mr. M. S. Bhardwaj a/w Mr. Aman Jha, Mr. Gauraj Shah for Respondent.
CORAM : SANDEEP V. MARNE, J.
DATE : 29 SEPTEMBER 2026.
P.C. :
1) By this Petition, Petitioner has challenged judgment and
order dated 19 October 2019 passed by the Principal Judge, City Civil
Court partly allowing Miscellaneous Appeal No. 181 of 2018. The
Appeal was filed by the Petitioner challenging Order dated 4 May 2018
Digitally
signed by
MANE
directing eviction of the Petitioner and demanding rent under
MANE SONALI
SONALI DILIP
DILIP Date:
2026.09.30
17:23:43
+0530
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Sonali Mane 7-IA-7569-2026.docx
provisions of the Public Premises (Eviction of Unauthorised Occupants)
Act, 1971. The learned Principal Judge, while partly allowing the Appeal
has confirmed the order of eviction. However, so far as the aspect of
arrears of rent is concerned, the learned Judge directed the Estate
Officer to determine and decide the outstanding arrears of rent afresh.
2) In the present Petition, this Court has passed ad-interim order
on 15 November 2019, which reads thus:
Not on Board. Taken on board.
[
1. Heard Mr. P. N. Kulkarni, learned counsel for the Petitioner; and Mr.
M. S. Bhardwaj, learned counsel for the Respondent.
2. Subject to deposit of Rs.10 Lakhs by the Petitioner before the
Respondent with 7 days from today, eviction of the petitioner from the
public premises under occupation of the petitioner shall not be carried
out.
3. Stand over to 25 November, 2019, to be taken up on the
supplementary board.
3) By subsequent order dated 27 November 2019 the time to
deposit the amount of Rs.10,00,000/- was extended up to 6 December
2019. Petitioner has deposited the amount of Rs.10,00,000/-with the
Respondent. During pendency of the present Petition, it appears that
the Committee constituted for reconciliation of outstanding dues from
the Petitioner has submitted a report dated 16 March 2026. As per the
report of the Conciliation Committee, the total outstanding dues
payable by the Petitioner have been determined at Rs.35,52,678/- as on
3 May 2018. As observed above, the Petitioner has already deposited an
amount of Rs.10,00,000/- with the Respondent. The balance amount
payable is Rs.35,52,678/-.
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4) Mr. Shetty, the learned Senior Advocate appearing for
Petitioner, on instructions, submits that the balance amount of
Rs.35,52,678/- shall be paid to the Respondent within a period of
8 weeks. Statement made is accepted as undertaking given to the Court.
With the statement so made, the demand for arrears of rent as on
3 May 2018 of the Respondent would be met.
5) It is an undisputed position that, after 4 May 2018, the
premises have been sealed by the Respondent and are not put to use by
the Petitioner. Mr. Shetty invites the attention of this Court to a notice
dated 11 March 2026, by which Respondent has ascertained further
arrears of rent of Rs.92,88,821.47/- in respect of the period from
4 May 2018 onwards. Mr. Shah, the learned counsel appearing for
Respondent, on instructions, submits that if the Petitioner makes
payment of Rs.35,52,678/- as per the recommendations of the
Committee, the Respondent shall not insist on payment of arrears of
rent for the period from 4 May 2018 onwards.
6) Mr. Shah further submits that Petitioner needs to remove its
machinery from the premises. Mr. Shetty submits that the Petitioner
would require a time of one week for removal of machinery from the
premises.
7) In view of the above consensus prevailing between the parties,
I proceed to pass the following order:
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ORDER
i) The judgment and order dated 19 October 2019 passed by the
City Civil Court in Miscellaneous Appeal No. 181 of 2018 is
modified and it is directed that the total rent payable by the
Petitioner for occupation of the premises up to 3 May 2018
shall be Rs.35,52,678/-.
ii) Since the Petitioner has already paid an amount of
Rs.10,00,000/- towards arrears of rent, it shall pay to the
Respondent the balance amount of Rs.35,52,678/- within a
period of 8 weeks.
iii) The Petitioner shall not be liable to pay any rent in respect of
the premises for the period after 4 May 2018.
iv) The Respondent shall open the seal of the premises forthwith
and shall make the premises accessible to the Petitioner for a
period of one week solely for the purpose of removal of the
machinery. Removal of machinery shall be carried out by the
Petitioner strictly in accordance with the rules and
regulations of the Respondent.
8) With the above directions, the Writ Petition is partly allowed
and disposed of. In view disposal of Writ Petition, nothing would
survive in the Interim Application and the same is also disposed of.
[SANDEEP V. MARNE, J.]
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