Court grants stay to order on vacating Mumbai’s iconic ice-cream parlour K Rustom premises

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A small causes appellate court has granted an interim stay to an order which had directed Mumbai’s iconic ice-cream parlour K Rustom to vacate its premises at the North Stand building, part of the Brabourne stadium, within two months.
The interim stay has been granted subject to the condition that K Rustom and Company will deposit Rs 2.5 lakh per month in court by the 10th of each month till the final disposal of the appeal. K Rustom will also have to deposit Rs 527 per month as the amount of rent till the disposal of the appeal.
In April, a small causes court had ordered K Rustom to vacate its premises, deciding on a suit in favour of its landlord, the Cricket Club of India (CCI). The CCI had submitted that the club requires the premises given on rent to K Rustom for its activities as the list of its members had gone up substantially and more space is needed. It said that it wants to start a coffee shop at the premises.
The ice cream shop run by the Rustom family, a favourite with many visiting Marine Drive, known for its ice cream sandwiches, is over eight decades old. The property in dispute comprises 3070 square feet and a mezzanine floor of 950 square feet and the suit before the court dated back to 1996. K Rustom had submitted that it had no other
premises to do business and would be out on the streets if asked to evict.
In its appeal, K Rustom said that they have strong hopes of success and sought a stay on the decision of eviction on an ad-interim basis till it is decided. The CCI opposed the plea stating that a valid decree had been passed in its favour. On behalf of CCI, it was also submitted that the rent of properties in the area is high, therefore, if an interim stay were to be granted, an appropriate compensation be granted. While CCI argued that the market rate would have to be paid, the counsel for K Rustom submitted that the premises would fetch not more than Rs 1 lakh in rent. Time was sought to submit a valuer’s report and other evidence of the rent in the area.
Judges M S Pathan and J S Jagdale said in their order that till the valuer’s report by K Rustom comes on record, a figure can be arrived at for compensation to which both parties agreed. The court then fixed the amount of Rs 2.5 lakh as a ‘golden mean figure’. The court has also directed K Rustom from creating any third-party interest or handing over possession to any third party till disposal of the suit.

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