Supreme Court · 2007 INSC 1008 · Decided 5 October 2007

Carona LTD. v. M/S Parathy Swaminathan & Sons

Court
Supreme Court of India
Citation
2007 INSC 1008 · [2007] 10 S.C.R. 656
Case number
CIVIL APPEAL No. 2805/2005
Decided
5 October 2007
Bench
C.K. THAKKER, P. SATHASIVAM (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Constitution Article 136; Companies Act; Rent Control Act Section 3(J)(b); Maharashtra Rent Control Act Section 3(J)(b), 3(1)

Headnote

CARONALTD. v. MIS P ARV A 11IY SW AMINA THAN & SONS B OCTOBER 5, 2007 [C.K. THAKKERANDP.SATHASIVAM,JJ.] Maharashtra Rent Control Act, 1999-s. 3(J)(b)-Applicability c of-Tenant a company having paid up capital share of more than Rs. one crore-Suit for eviction before regular Court-On the 3(J)(b) was not D applicable-Confirmed by appellate court as well as High Court- After interim order of Supreme Court partial payment of rent-Plea that the trial court did not have the power to decide the case in absence of jurisdictional fact of 'paid up capital '-Held: Eviction decree was

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