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SANDEEP V. MARNE
Hong Kong & Shanghai Banking Corporation Limited – Appellant
Versus
Maharashtra State Electricity Board – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petition is taken up for hearing and disposal.
2. By this petition, Petitioner challenges judgment and order dated 5 July 2023 passed by the Appellate Bench of Small Causes Court dismissing P. Appeal No. 213 of 2018 and confirming the decree dated 26 April 2018 passed by the Small Causes Court in T.E. & R. Suit No. 346/366 of 2001. The Small Causes Court has dismissed the suit filed by the Petitioner seeking eviction of the Respondents-Defendants by holding the same as not maintainable.
3. A brief factual narration for better understanding of the issue at hand would be necessary. Petitioner is a Banking Corporation registered under the provisions of Hong Kong & Shanghai Banking Ordinance, as well as, under the Companies Act, 1956 and has its Indian head office at HSBC Building at 52/60, Mahatma Gandhi Road, Mumbai 400 001. The Mercantile Bank of India Limited owned and possessed building then named as ‘Mercantile Bank Building’ situated at Mahatma Gandhi Road, Mumbai. By two Indentures of Lease dated 21 January 1953, the Mercantile Bank Limited dem
Judicial admissions by a party regarding tenancy are binding and do not require further proof, establishing the landlord-tenant relationship despite statutory protections.
The court upheld the eviction decree based on default in rent and unlawful subletting, emphasizing the necessity of compliance with rent control provisions.
The Maharashtra Rent Control Act's exemption under Section 3(1)(b) applies to the premises themselves, meaning that if the head tenant is excluded from protection due to financial criteria, the sub-t....
Once an entity loses rent control protection due to exceeding paid-up capital, it cannot regain that protection through subsequent reduction of capital, as per legislative intent.
A landlord must issue a valid demand notice under Section 15(2) of the Maharashtra Rent Control Act before initiating eviction proceedings; failure to do so renders the suit invalid.
Eviction of tenant – Tenant does not have a vested right under Rent Control legislation but it has only a protective right – Such right can be withdrawn at any time.
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