INDIAN MERCANTILE I B ASSN TENANTS Vs. UNION OF INDIA
LAWS(SC)-2008-5-127
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on May 06,2008

INDIAN MERCANTILE I B ASSN TENANTS Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the order dated 25th August, 2006 passed by a Division Bench of the Bombay High Court dismissing the writ petition filed by the appellants on the ground that they have an alternative statutory remedy by way of Appeal. Reference was made to Section 103-A of the Maharashtra Hous ing and Area Development Act, 1976 (in short the MHAD Act) and a decision of this Court in Crawford Bayley vs. Union of Mia (2006) 6 SCC 25).
(3.) While issuing notice on 10.11.2006 it was inter alia ordered as follows : "Permission to file additional documents is granted. The additional documents are taken on record. Issue notice. Counsel for the respondent No.2, present on caveat, accepts notice. Notice shall go to the unrepresented respondents to show cause why this matter be not remitted to the High Court for fresh consideration in view of the fact that the relief sought for in prayer (d) of the writ petition may not be available under the Public Premises Act. In the meantime, there shall be status quo as regards possession.";


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