SARASWAT CO-OP. BANK LTD. AND ANR. versus STATE OF MAHARASHTRA AND ORS.

SARASWAT CO-OP. BANK LTD. AND ANR. versus STATE OF MAHARASHTRA AND ORS.

Section 3(1)(b) of Maharashtra Rent Control Act, 1999 is intra vires, does not offend Article 14; the legislative classification excluding certain companies and banks is not arbitrary, is based on economic criteria and relates to the Act's objective.

Parties
Appellant: SARASWAT CO-OP. BANK LTD.; Respondent: STATE OF MAHARASHTRA; Judge: ALT AMAS KABIR, J.; Judge: B.P. SINGH, J.; Advocate: T.R. Andhyarujina; Advocate: Soli J. Sorabjee; Advocate: Raju Ramachandran; Advocate: Jaspal Singh
Jurisdiction
India
Judgment Date
17 August 2006
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
Appeal dismissed.
Legal Topics
Rent Control, Eviction, Legislative Competence, Equality Before Law
Constitutional Law Property Law Rent Control Eviction Legislative Competence Equality Before Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

SARASWAT CO-OP. BANK LTD.

Appellant

STATE OF MAHARASHTRA

Respondent

ALT AMAS KABIR, J.

Judge

B.P. SINGH, J.

Judge

T.R. Andhyarujina

Advocate

Soli J. Sorabjee

Advocate

Raju Ramachandran

Advocate

Jaspal Singh

Advocate

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether Section 3(1)(b) of Maharashtra Rent Control Act, 1999 is discriminatory and violates Article 14 of the Constitution
  2. 2 Whether the classification excluding certain companies and banks from protection of the Act is arbitrary

Ratio Decidendi

Section 3(1)(b) of Maharashtra Rent Control Act, 1999 is intra vires, does not offend Article 14; the legislative classification excluding certain companies and banks is not arbitrary, is based on economic criteria and relates to the Act's objective.

Court Disposition

Appeal dismissed.

Orders

  • Sufficient time granted to vacate premises till 31st December, 2007 for appellant in Civil Appeal Nos. 4830-4831/2005.
  • Mesne profits to be paid at Rs.60,000 per month from decree till vacating.