The Bombay High Court has ruled that a tenant company that had previously exceeded the Rs 1 crore threshold in paid-up capital cannot regain protections under the Maharashtra Rent Control (MRC) Act, 1999 following a voluntary reduction of its capital.
The court rejected claims by Mather and Platt (India) that its financial status had worsened due to this reorganisation. The ruling reiterated that the company remained a “cash-rich entity”, emphasising its ability to pay market rent, a critical factor in determining the application of the MRC Act.
The property in question, Hamilton House, is located in south Mumbai’s business district Ballard Estate and is owned by Depe Global Shipping Agencies.
A tenant covered under the MRC Act gets protection in terms of rent and unfair eviction and also holds the right to essential services and the right to repair.
The ruling emphasised that a reduction in paid-up capital does not automatically restore protections under the MRC Act if they have already been lost. This decision will hold wider implications for many such instances where landlords and commercial tenants are dealing with rent control legislation complexities.
The case revolved around the eviction of the tenant, Mather and Platt, from commercial premises Hamilton House. The applicant contended that the tenant had lost protection under the MRC Act as its paid-up capital was above the stipulated threshold. The tenant argued that its status as a protected entity should be reinstated following a recent reduction in capital, but the court found otherwise.
Senior advocate Haresh Jagtiani, who represented the landlord in the matter, submitted that paid-up share capital of the company is its real worth and a factor that rarely fluctuates. That once a company is classified into a cash-rich entity basis its paid-up share capital as on March 31, 2000, there is nothing in the MRC Act which permits the company to regain lost protection of rent control legislation.
He further submitted that the tenant lost the protection of MRC Act on March 31, 2000 and the status of its paid-up share capital as on the date of filing of the suit becomes irrelevant.
Citing precedents, the court underscored the principle that the loss of protection creates a right for the landlord to seek eviction. The ruling highlighted that allowing the tenant to regain protections after it has been evicted would undermine the purpose of the rent control legislation.
In conclusion, the court set aside previous judgments from lower courts that had ruled in favour of the tenant, declaring the eviction valid and ordering the tenant to vacate the premises by December 31, 2024.
The judgment serves as a clear message to landlords and tenants alike, emphasising that the foundational principles of the MRC Act remain intact and that compliance with its provisions is essential for maintaining rental protections.
This decision also reinforces the need for clarity in commercial tenancy agreements and the implications of corporate financial manoeuvres in the context of rent control laws.
Source Homevior.in
