JUDGMENT

CONTENTS

A. OVERVIEW

B. FACTUAL BACKGROUND

C. THE TRIAL COURT JUDGMENT

D. THE APPELLATE COURT JUDGMENT

E. RELEVANT STATUTORY PROVISIONS

F. RIVAL SUBMISSIONS & ANALYSIS

G. CONCLUSIONS & ORDER

A. OVERVIEW

G.S. Patel, J. - The matter raises an interesting question of law: if a tenant is excluded from the protection and application of the Maharashtra Rent Control Act, 1999 ('the Rent Act'), is the sub-tenant also automatically so excluded? More specifically: if a corporate tenant is excluded from the Rent Act's application under Section 3(1)(b) because the corporate tenant has a paid up capital of more than Rs 1 crore, is a corporate sub-tenant automatically excluded from the application of the Rent Act, even if the corporate sub-tenant's paid up capital is less than Rs 1 crore?

B. FACTUAL BACKGROUND

2. On Dr E Moses Road at Mahalaxmi, Mumbai stands a building called Tiecicon House. The third floor of Tiecicon House, abut 15,000 sq ft, is owned by the 1st Respondent, Ion Exchange Enviro Farms Ltd ('Ion Exchange'). It came to acquire these premises in the circumstances set out below. The 2nd Respondent is Bakelite Hylan Ltd, formerly Bakelite (India) Pvt Ltd ('Bakelite'). We are not concer