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2014 (4) TMI 1280 - BOMBAY HIGH COURTSeeking unsealing and releasing of the premises - Section 11 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 - HELD THAT:- It is the settled position of law that a lawful tenant cannot be evicted from the tenanted premises without following the due process of law as enumerated in the Rent Act prevailing at the relevant time. Thus, we find substance in the contention of learned counsel for the Appellants. If the premises are directly handed over to Respondent No.2 in the present Appeals preferred by the Appellants, then it would certainly amount to dispossessing the Appellants / tenants without following the due process of law. The impugned order in the present Appeals was passed on 19 March 2004. The investigation pertaining to the aforesaid MECR No.1 of 2003 has been completed on 23 November 2004 and after its completion a charge-sheet has been filed before the concerned Court and it is now culminated in MPID Special Case No.34 of 2004. The investigating agency by its report dated 26 February 2014 has clearly mentioned that the Appellants have no role to play in the said crime bearing MECR No.1 of 2003 and the Appellants had given the premises Nos.502 and 501 respectively to the original accused viz. Roofit Industries Limited and its directors purely on ex-gratis basis. Appeal allowed - decided in favor of appellant.
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