CENTRAL BANK OF INDIA versus N.R.C. LIMITED

CENTRAL BANK OF INDIA versus N.R.C. LIMITED

The respondent company, being a public limited company with paid up share capital above Rs. 1 crore, is not protected under the Maharashtra Rent Control Act, 1999 beyond 31.3.2000. The Public Premises Act applies for eviction, and non-compliance with the Supreme Court's dismissal order and failure to file the required undertaking constitute grounds for contempt. The landlord (Central Bank of India) is entitled to repossession, aided by police if required.

Parties
Petitioner: Central Bank of India; Respondent: N.R.C. Limited
Jurisdiction
India
Judgment Date
05 March 2014
Procedural Posture
Contempt Petition (c) No. 147 of 2014 in Slp(c) No. 24874 of 2013 / Supreme Court Decision on Contempt Petition Following Dismissal of SLP
Outcome
Contempt petition allowed
Legal Topics
Eviction of Tenants, Applicability of Public Premises Act, Applicability of Maharashtra Rent Control Act, 1999, Contempt for Non Compliance With Court Order
Property Law Contempt of Court Eviction of Tenants Applicability of Public Premises Act Applicability of Maharashtra Rent Control Act, 1999 Contempt for Non Compliance With Court Order

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Parties

Central Bank of India

Petitioner

N.R.C. Limited

Respondent

Procedural Posture

Contempt Petition (c) No. 147 of 2014 in Slp(c) No. 24874 of 2013 / Supreme Court Decision on Contempt Petition Following Dismissal of SLP

Legal Issues

  1. 1 Whether the respondent committed contempt of court by not complying with the Supreme Court's eviction order and required undertaking
  2. 2 Applicability of Maharashtra Rent Control Act, 1999 to public limited companies
  3. 3 Applicability of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 to the premises

Ratio Decidendi

The respondent company, being a public limited company with paid up share capital above Rs. 1 crore, is not protected under the Maharashtra Rent Control Act, 1999 beyond 31.3.2000. The Public Premises Act applies for eviction, and non-compliance with the Supreme Court's dismissal order and failure to file the required undertaking constitute grounds for contempt. The landlord (Central Bank of India) is entitled to repossession, aided by police if required.

Court Disposition

Contempt petition allowed

Orders

  • Central Bank of India is permitted to take back possession of the premises with respect to which order of eviction was passed, with police assistance if required.
  • Contempt petition is allowed.