Pune: A city civil courtroom has granted an period in-between injunction order restraining the Pune Cantonment Board (PCB) from "obstructing business" and "forcefully closing" the iconic Kayani Bakery on East Street in Pune Camp.
Joint civil pass judgement on (senior department) Jaydip J Mohite additionally directed the PCB to decide upon the bakery's utility for issuance of a industry licence within the parameters of part 277 (2) of the Cantonment Act, 2006.
On the PCB's plea seeking time to permit it move an attraction within the district courtroom, Mohite granted a week's keep at the execution and operation of the period in-between injunction order with a rider that "the PCB shall not ask for any extension of said order".
Lawyer Dara Irani, who gave the impression for Kayani Bakery, informed TOI on Sunday, "The court order restrains the PCB from shutting down the bakery. The board had sought one month's time to file an appeal but the court gave them one week. The bakery will soon reopen."
Prior to the period in-between injunction order on November 17, the civil courtroom had rejected on November 14 the PCB's utility that the civil suit filed by way of the bakery was once now not maintainable because of want of explanation for action. The board had argued that the Cantonment Act, 2006 gave it the right to grant or reject an utility for industry licence.
The courtroom seen that it was once a question of benefit whether the PCB has the right to grant or reject industry licence pleas and below what instances the right will also be exercised. "At this juncture, the only question before the court is whether the plaint is disclosing the cause of action or the cause of action shown is illusory. After having scrutinized the averments, it can be inferred that the plaint is disclosing the cause of action and it is specifically stated therein," Mohite stated.
In the suit, Pervez H Kayani, a partner within the bakery, said that the company was once doing trade for the last 61 years from the premises, which was once granted on a perpetual hire on June 17, 1930 in favour of his predecessor. The PCB have been issuing a industry licence to the bakery on an annual basis till March 31, 2007 below the Cantonment Act, 1924. The industry licence was once valid on December 18, 2006 when the Cantonment Act, 2006 came into pressure. The shutdown was once ordered verbally with out issuing any understand or a possibility for a hearing, he said, including that the closure had affected the company's popularity, trade and livelihood of its partners and 40-odd workers.
Kayani furnished copies of the industry licences issued earlier by way of the PCB and in addition the packages made yearly thereafter for renewal of the licence (the last one was once made on February 22 this 12 months) which the PCB neither rejected nor permitted. It was once argued that this was once in contravention of the provisions below sections 277 of the Cantonment Act, 2006, which allows the board to withhold a industry licence only if the trade is offensive and threatening or if the premises is not worthy or flawed.
Kayani stated sub-section 3 of part 277 provides that the plaintiff was once now not even required to apply for a licence till a written understand is won from the board three months in advance. Still, the company kept transferring packages for a industry licence, he said.
The PCB sought to justify its action, claiming that the lease-holders had flouted the hire conditions by way of sub-letting part of the premises to another establishment and that the application for renewing the licence was once held up for procedural matters, together with a DEO's document relating to the premises and inspection by way of assistant well being officer.
The pass judgement on stated the PCB may take action if the plaintiff had committed breach of licence settlement but the grant of industry licence was once a special factor. "The PCB cannnot remain silent on the application of issuance of a trade licence for years together. Being a government body, the PCB is expected to react on the application immediately before expiration of earlier tenure," he stated.
The courtroom additionally stated that the ability to shut down a trade cannot be used "high-handedly and arbitrarily without following the principles of natural justice".
Joint civil pass judgement on (senior department) Jaydip J Mohite additionally directed the PCB to decide upon the bakery's utility for issuance of a industry licence within the parameters of part 277 (2) of the Cantonment Act, 2006.
On the PCB's plea seeking time to permit it move an attraction within the district courtroom, Mohite granted a week's keep at the execution and operation of the period in-between injunction order with a rider that "the PCB shall not ask for any extension of said order".
Lawyer Dara Irani, who gave the impression for Kayani Bakery, informed TOI on Sunday, "The court order restrains the PCB from shutting down the bakery. The board had sought one month's time to file an appeal but the court gave them one week. The bakery will soon reopen."
Prior to the period in-between injunction order on November 17, the civil courtroom had rejected on November 14 the PCB's utility that the civil suit filed by way of the bakery was once now not maintainable because of want of explanation for action. The board had argued that the Cantonment Act, 2006 gave it the right to grant or reject an utility for industry licence.
The courtroom seen that it was once a question of benefit whether the PCB has the right to grant or reject industry licence pleas and below what instances the right will also be exercised. "At this juncture, the only question before the court is whether the plaint is disclosing the cause of action or the cause of action shown is illusory. After having scrutinized the averments, it can be inferred that the plaint is disclosing the cause of action and it is specifically stated therein," Mohite stated.
In the suit, Pervez H Kayani, a partner within the bakery, said that the company was once doing trade for the last 61 years from the premises, which was once granted on a perpetual hire on June 17, 1930 in favour of his predecessor. The PCB have been issuing a industry licence to the bakery on an annual basis till March 31, 2007 below the Cantonment Act, 1924. The industry licence was once valid on December 18, 2006 when the Cantonment Act, 2006 came into pressure. The shutdown was once ordered verbally with out issuing any understand or a possibility for a hearing, he said, including that the closure had affected the company's popularity, trade and livelihood of its partners and 40-odd workers.
Kayani furnished copies of the industry licences issued earlier by way of the PCB and in addition the packages made yearly thereafter for renewal of the licence (the last one was once made on February 22 this 12 months) which the PCB neither rejected nor permitted. It was once argued that this was once in contravention of the provisions below sections 277 of the Cantonment Act, 2006, which allows the board to withhold a industry licence only if the trade is offensive and threatening or if the premises is not worthy or flawed.
Kayani stated sub-section 3 of part 277 provides that the plaintiff was once now not even required to apply for a licence till a written understand is won from the board three months in advance. Still, the company kept transferring packages for a industry licence, he said.
The PCB sought to justify its action, claiming that the lease-holders had flouted the hire conditions by way of sub-letting part of the premises to another establishment and that the application for renewing the licence was once held up for procedural matters, together with a DEO's document relating to the premises and inspection by way of assistant well being officer.
The pass judgement on stated the PCB may take action if the plaintiff had committed breach of licence settlement but the grant of industry licence was once a special factor. "The PCB cannnot remain silent on the application of issuance of a trade licence for years together. Being a government body, the PCB is expected to react on the application immediately before expiration of earlier tenure," he stated.
The courtroom additionally stated that the ability to shut down a trade cannot be used "high-handedly and arbitrarily without following the principles of natural justice".
Court restrains PCB from ‘forcefully closing’ Kayani Bakery
![Court restrains PCB from ‘forcefully closing’ Kayani Bakery]()
Reviewed by Kailash
on
November 20, 2017
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