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.