Mumbai: The Bombay High Court on Thursday said the State government’s move to seal the Eros Cinema premises was “wholly arbitrary” and shows the high-handedness of authorities, while directing that all restrictions on the iconic theatre’s functioning be lifted.
A division bench comrprising Justices Shantanu Kemkar and P.D. Naik was hearing a plea filed by Eros Theater and Restaurant Private Limited, which contended that the theatre running out of Cambata Building is only a tenant and there are no dues to be recovered from Eros.
On Wednesday, Cambata Building, located across the road from Churchgate station, had been sealed by the Mumbai District Collector on the orders of the labour court as Cambata Aviation — both are owned by the same entity — had not paid salaries to its employees
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The court said, “In the circumstances, the action of the State to seal the premises of the petitioner is wholly arbitrary and shows high-handedness of the authorities. We direct the authorities to forthwith open the seal which they have put on the premises.”
Mumbai City Collector Ashwini Joshi told The Hindu, “We have attached the property as per the orders from the Labour Court as the owners of the building have not paid dues of their employees. This is the procedure followed by the government in such cases and we will proceed as we receiver orders from the court.”
On Wednesday, another tenant, Galaxy Aviation, had moved the HC challenging the demand notice issued on December 28, 2016 by the Tehsildar, Labour Dues Recovery, Mumbai City. The advocate appearing for Galaxy Aviation submitted that they are not liable to pay and that the premises belong to Cambata Trust. He also said their premises were being sealed and attached without prior notice.
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A single bench of Justice K.K. Tated ordered that the seal be removed on or before 10.30 a.m. on January 19.