SHAH DHANSUKHLAL CHHAGANLAL vs DALICHAND VIRCHAND SHROFF AND OTHERS

The Supreme Court held that under Section 12(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a tenant can only be deemed 'ready and willing to pay' if they apply to the court under Section 11(3) and pay the specified amount before the expiry of one month after receiving notice. The Court distinguished the case from Shah Bhojraj Kuverji Oil Mills and emphasized that the tenant's failure to make such an application disqualifies them from protection under Section 12(1). Furthermore, the Court ruled that the tenant did not meet the requirements of Section 12(3)(b) as they failed to pay all arrears on the first day of the hearing and did not continue to pay thereafter, thus upholding the eviction order.