GUJARAT STEEL TUBE CO. LTD. versus VIRCHANDBHAI B. SHAH AND ORS.

GUJARAT STEEL TUBE CO. LTD. versus VIRCHANDBHAI B. SHAH AND ORS.

Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 does not bar the filing of an eviction petition under the Bombay Rent Act on the ground of non-payment of rent; orders under Section 11(4) of the Bombay Rent Act can be passed notwithstanding the reference of the tenant company to BIFR.

Parties
Petitioner: Gujarat Steel Tube Co. Ltd.; Respondent: Virchandbhai B. Shah and Ors.
Jurisdiction
India
Judgment Date
12 October 1999
Procedural Posture
Special Leave Petition (civil) / Final Disposition by Supreme Court
Outcome
Petition dismissed
Legal Topics
Eviction of Tenant, Effect of Sick Industrial Companies (special Provisions) Act, 1985 on Eviction Proceedings, Non Payment of Rent
Rent Control Company Law Eviction of Tenant Effect of Sick Industrial Companies (special Provisions) Act, 1985 on Eviction Proceedings Non Payment of Rent

Case Brief

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Parties

Gujarat Steel Tube Co. Ltd.

Petitioner

Virchandbhai B. Shah and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 bars eviction proceedings under the Bombay Rent Act on ground of non-payment of rent
  2. 2 Whether application under Section 11(4) of the Bombay Rent Act is maintainable when a company has been referred to BIFR as 'sick'

Ratio Decidendi

Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 does not bar the filing of an eviction petition under the Bombay Rent Act on the ground of non-payment of rent; orders under Section 11(4) of the Bombay Rent Act can be passed notwithstanding the reference of the tenant company to BIFR.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed