Some would call the parlor tacky. Others may look unfavorably on the basic décor with its upright chairs and list of available items chalked up on a board. But most would swear by the unusual flavors of reasonably priced ice cream served at K. Rustom and Company in the North Stand of the Brabourne Stadium. If the Cricket Club of India (CCI) that owns the Stadium building has its way, Rustom’s Green Mango, Walnut Crunch, Cherry and other flavors may tease the palate no more. Known for serving slabs of their desserts between wafers (wrapped in tissue paper) and also scoops, the eatery was ordered by the Small Causes Court "to vacate its premises… within two months,” noted The Indian Express (IE) on May 19, 2022. "The decision resulted from a suit filed in 1996 by the CCI,” stated IE. The decision is being appealed.
The news report stated that CCI submitted that a substantial portion of the premises of 4,000 sq ft were not in use by Rustom. "CCI claimed that it was being paid a monthly rent of Rs 527 per month, ‘far below the standard rent.’ Rustom contended that this is an ‘incredible’ statement as it does not mention the payment of electricity and water charges. It was also submitted that Rustom has been a tenant of the suit premises prior to the declaration of the Second World War ‘when premises were freely available’ in Bombay. Rustom also denied that a portion of the premises is not in use and said that both the ice cream shop and a shop selling readymade clothes were working full time. It also said that it has no other premises to do business and will be out on the streets if asked to evict the premises.”
Clockwise from top: Vintage photo of K. Rustom and Company;
parlor interiors; their signature ice cream sandwich
"The landlord has the right to decide which premises are suited for the business he wants to start. Similarly, length of tenancy of the defendants ought not to be weighed,” stated Judge S. B. Todkar while delivering the judgment, reported The Times of India on May 18.
Reporting on Rustom’s "meltdown of a different kind,” during the peak summer, the mid-day (MD) of May 17 stated the owners have "decided to fight till the end, ensuring that the 84-year-old shop doesn’t shut down.” A store spokesperson told the newspaper that "they are gearing up for a longer legal fight… We are the only ‘original’ tenants of Stadium House. When we came here, this was reclaimed land. This is the history of the outlet and this is how deeply entrenched we are here.”
CCI president Premal Udani told MD: "We have cases going on against several tenants for our own use inside the Stadium House which is part of the Club. The ice cream store is one such tenant… We want and need additional space for expansion of different facilities for our members… In this specific case, the law will take its course.”
A petition on change.org asking CCI to "accommodate K. Rustom Ice Cream Shop, (and) safeguard Bombay’s heritage” started by one Kejal Bhube states, "As a loving customer of K. Rustom & Co, I can’t stand to see my beloved ice cream parlor being stripped of its premises. With over 10,000 members, consisting of political, film and sports gentry, I’m sure CCI can accommodate this one small shop that has a special place.” The appeal had the support of over 1,800 signatories on May 23. F. J.