The SC has dismissed a petition filed by New India Assurance to evict Nusli Wadia, Chairman of Bombay Dyeing Group, from his Malabar Hill flat in Mumbai, rented to the Wadias since 1972.
NEW DELHI: The Supreme Court has dismissed a petition filed by New India Assurance to evict Nusli Wadia, Chairman of the Rs 1,000-crore Bombay Dyeing Group, from his Malabar Hill flat in Mumbai, rented to the Wadias since 1972.
A bench headed by Justice SB Sinha also imposed Rs 25,000 cost on the general insurance company.
NIA, which acquired the complex from Sterling Corporation Ltd in 1962, rented out a flat to the Wadia family on a monthly rent of Rs 700 in October 1972. Besides, Rs 3,000 was to be paid for maintenance to Mayfair Garden's Tenants Association.
NIA estate officer CP Karunakaran had issued three notices between February 2001 and July 2003 under Public Premises (Eviction of Unauthorised Occupants) Act, 1971 asking Wadia to vacate the premises for accommodating its employees.
Wadia had sought to quash the notice of termination of tenancy and two show-cause notices demanding damages to the tune of more than Rs 11 lakh. While seeking to restrain NIA from taking any action in this regard, the Bombay Dyeing chairman had alleged that NIA's action to evict a 'bonafide and genuine tenant' was 'malafide and arbitrary'.
The insurance company wanted much higher rent, which was evident from the fact that it had created three new tenancies/licences in the Mayfair Garden property, the latest being in 2002, said Wadia, who is also the grandson of Pakistan founder Mohammad Ali Jinnah.
"I am one of the original tenants in the building and my tenancy commenced much prior to acquisition of the building in 1961-62," he added.
Wadia had pointed out the premises were rented out on much higher rent to other tenants like Tata Tea in 1996 (for 11 years), Stadfast Holdings Pvt Ltd in 1998 for five years and to Indian Card Cloth Ltd in 2002.
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