THE UNION OF INDIA REPRESENTED BY SECRETARY AND DIRECTOR GEN. OF INIAN POSTS AND ORS v. ZUBAIDABAI BANDUKWALA D/O. FIDAALLY POTIA
WP/7970/2017 · 2026-09-30
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 13805 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13805 (BOM) · dailylaw.ai ]
Judgment text
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14-WP-7970-2017.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7970 OF 2017 WITH INTERIM APPLICATION NO. 7543 OF 2026 The Union of India … Petitioners represented by Secretary and Director Gen. Of Indian Posts and Others Vs. Zubaidabai Bandukwala … Respondents D/o. Fidaally Potia and Others Mr.Y. R. Mishra a/w. Mr. Chandrakant N. Chavan for the Petitioners.
CORAM : GAURI GODSE, J.
DATE : 30th SEPTEMBER 2026
ORDER :
1. This petition is filed by the original defendants (tenants) to challenge the order dismissing their application in the eviction suit. The application was filed seeking permission to deposit rent amount subject to approval by the competent authority, and for dismissal of the suit with cost. Considering the conditional prayers, the trial court refused to grant any permission. Hence, the application is ordered be filed. 1/2 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2026.10.03 13:07:36 +0530
14-WP-7970-2017.docx
2. In the event the petitioners intended to deposit any amount without prejudice to the rights and contentions, it is always open for the petitioners/tenant to file appropriate proceedings as permissible in law by filing standard rent application or an application before the trial court. The trial court has rightly rejected the conditional prayers made by the applicants.
3. I do not see any illegality or perversity in the reasons recorded in the impugned order warranting any interference in exercise of the discretionary jurisidction under Article 227 of the Constitution of India.
4. The writ petition is therefore dismissed.
5. In view of dismissal of the petition, pending interim application is disposed of as infructuous.
[GAURI GODSE, J.] 2/2