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Bombay HC rules against builder's plea to evict tenants via arbitration

#Law & Policy#India#Maharashtra#Mumbai City
Last Updated : 7th Apr, 2025
Synopsis

The Bombay High Court ruled that a builder, Ambit Urbanspace, was not justified in using a commercial arbitration plea to remove tenants with statutory legal protection under the Maharashtra Rent Control Act, 1999. The case involved garage tenants on the premises of Poddar Apartment Co-operative Housing Society in Kandivli, who were distinct from society members. The court stated that arbitration could not serve as a "backdoor method" for eviction, particularly when landlords had not acted for decades regarding alleged illegal usage. The judgment emphasised that tenancy matters should be addressed through the Rent Act forum.

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