INDIAN MERCANTILE I.B.ASSN.(TENANTS)&ORS vs UNION OF INDIA .

The Supreme Court addressed the dismissal of a writ petition by the Bombay High Court, which cited Section 103-A of the Maharashtra Housing and Area Development Act, 1976, asserting the existence of an alternative statutory remedy. The Court held that the High Court erred in its conclusion, emphasizing that the relief sought under Section 103-A cannot be granted in an appeal. The Court ordered status quo regarding possession and remitted the matter for fresh consideration, recognizing the appellants had indeed filed the necessary application under the MHAD Act.