Erach Boman Khavar vs Tukaram Sridhar Bhat & Ors

The Supreme Court held that under Section 446 of the Companies Act, 1956, a landlord must obtain permission from the Company Court before filing an eviction suit against a company undergoing winding up. The Court emphasized that the rights of the tenant must be determined before possession can be granted, and that the Bombay Rent Act, 1947, had been repealed, affecting the grounds for eviction. The appeal was allowed, reversing the High Court's decision and granting the appellant leave to institute the eviction suit.