The Hong Kong And Shanghari Banking ... vs The Maharashtra State Electricity ...

ik-58889440 Bombay High Court 17 December 2024 • WRIT PETITION NO. 13194 OF 2023 • 61 min read

Judges (1)

Sandeep V. Marne Delivered

Counsel (11)

AZB & Partners Firm Amey Deshpande Counsel Respondent Anil Anturkar Counsel Respondent Cheryl Fernandes Counsel Petitioner Darius Khambatta Counsel Petitioner Naman Nayyar Counsel Petitioner Niyati Sontakke Counsel Respondent Rajendra Barot Counsel Petitioner Tushar Hatiramani Counsel Petitioner Vandana M. Bait Counsel Respondent Vivek Shetty Counsel Petitioner

Parties (6)

MSEB Holding Co. Ltd. Respondent Maharashtra State Dist. Co. Ltd. Respondent Maharashtra State Electricity Board Respondent Maharashtra State Power Generating Co. Ltd. Respondent Maharashtra State Transmission Co. Ltd. Respondent The Hong Kong and Shanghai Banking Corporation Limited Petitioner

Case Significance

The Hong Kong And Shanghari Banking ... vs The Maharashtra State Electricity ... is a Bombay High Court decision dated December 17, 2024 (citation: ik-58889440). HSBC challenged the dismissal of its eviction suit against MSEB entities occupying its leased premises. The Small Causes Court and Appellate Bench had dismissed the suit as not maintainable, but the High Court found perversity in their findings and failure to exercise jurisdiction. The writ petition was allowed, the eviction decree was restored, and defendants were directed to hand over possession by 31 March 2025 with a separate inquiry into mesne profits. The case was heard by Justice Sandeep V. Marne.

Summary

HSBC challenged the dismissal of its eviction suit against MSEB entities occupying its leased premises. The Small Causes Court and Appellate Bench had dismissed the suit as not maintainable, but the High Court found perversity in their findings and failure to exercise jurisdiction. The writ petition was allowed, the eviction decree was restored, and defendants were directed to hand over possession by 31 March 2025 with a separate inquiry into mesne profits.

What was the outcome of The Hong Kong And Shanghari Banking ... vs The Maharashtra State Electricity ...?

HSBC challenged the dismissal of its eviction suit against MSEB entities occupying its leased premises. The Small Causes Court and Appellate Bench had dismissed the suit as not maintainable, but the H...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-58889440)