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may 2008

Supreme Court of India · 2008-05-06

Indian Mercantile I.B. Assn. (Tenants) ... vs Union Of India & Ors

Citation / case number
AIR 2008 SC (SUPP) 295
Court
Supreme Court of India
Petitioner
Indian Mercantile I.B. Assn. (Tenants) ...
Respondent
Union Of India & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court set aside the Bombay High Court's order dismissing the writ petition, which was based on the existence of an alternative statutory remedy under Section 103-A of the Maharashtra Housing and Area Development Act, 1976. The Court found that the High Court overlooked the parameters of Sections 92 and 103-A, as the relief sought could not be granted under the Public Premises Act. The matter was remitted to the High Court for fresh consideration, maintaining the status quo regarding possession until then.

Indian Mercantile I.B. Assn. (Tenants) ... vs Union Of India & Ors · Niyam