Supreme Court of India · 2018-04-20
APOLLO ZIPPER INDIA LIMITED vs W. NEWMAN AND CO. LTD.
- Citation / case number
- SC 2017/29117
- Court
- Supreme Court of India
- Petitioner
- APOLLO ZIPPER INDIA LIMITED
- Respondent
- W. NEWMAN AND CO. LTD.
- Author
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
- Bench
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE R.K. AGRAWAL
Judgment text excerpt
The Supreme Court upheld the High Court's decision granting unconditional leave to the respondent to defend a summary eviction suit concerning a business premises leased from Great Eastern Hotel Limited. The Court emphasized that under the Great Eastern Hotel (Taking Over of Management) Act, 1975 and the Great Eastern Hotel (Acquisition of Undertaking) Act, 1980, the management and ownership of the hotel and its premises were transferred to the State Government, thereby impacting the eviction proceedings. The Court held that the respondent's right to defend the suit must be respected, allowing the matter to be tried on its merits.