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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N. J. JAMADAR
Sud Chemie India Pvt Ltd, – Appellant
Versus
Kotak & Company Limited – Respondent
N. J. JAMADAR, J.
1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally.
2. In Writ Petition No. 10039 of 2025, the Petitioner-Original Defendant No.2, takes exception to an order passed by the learned Judge, Court of Small Causes in MARJI Application No. 51 of 2025, dated 11th July 2025, whereby an Application preferred by the Petitioner to declare that the decree dated 6th January 2025 passed in RAE Suit No. 371/582 of 2007 was null and void and not executable as the same had been passed by the Court which had no jurisdiction, came to be rejected, and two consequential orders dated 11th July 2025 and 15th July 2025, issuing possession warrant and declining to stay the execution of the said possession warrant, respectively.
3. In Writ Petition No. 10040 of 2025, there is an identical challenge to the order dated 11th July 2025 passed in MARJI Application No. 50 of 2025 in respect of decree passed in RAE Suit No. 370/581 of 2007 dated 6th January 2025 and consequential orders dated 11th July 2025 and 15th July 2025, in the same set of facts, save and except the change that in RAE Suit No. 371/582 of 2007, the ori
The court reaffirmed that exemptions under the Rent Control Act apply to the premises, not the parties, thus legitimizing decrees against unlawful sub-tenants, including corporations.
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....
(1) Decree passed by civil court is valid and executable which is not interdicted by applicability of the Act to area in question.(2) Rights of parties have to be determined on the date of filing of ....
In the absence of the Court of Small Causes, compliance with the provisions of Section 17(1) proviso of the Provincial Small Cause Courts Act, 1887 is mandatory, as per the provisions of Section 33(1....
The court upheld the eviction decree based on default in rent and unlawful subletting, emphasizing the necessity of compliance with rent control provisions.
Judicial admissions by a party regarding tenancy are binding and do not require further proof, establishing the landlord-tenant relationship despite statutory protections.
The Rent Court has comprehensive jurisdiction over claims relating to both recovery of possession and injunctions in landlord-tenant disputes under the Maharashtra Rent Control Act.
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