Case Details

  • Case Name: Petition(s) for Special Leave to Appeal (C) No(s).11441‑11442/2026, arising out of impugned final judgment and order dated 29‑01‑2026 in CA No.1729/2017 and WP No.4051/1996 passed by the High Court of Bombay.
  • Court: Supreme Court of India, Court No.3 Section IX.
  • Date of Order: 18‑05‑2026.
  • Period of dispute: Eviction order dated 29‑Jan‑2026.

Parties Involved

  • Petitioners: Preeti Somy Saran & Ors.
  • Respondent: Sheth Amichand Pannalal Adishwar Jain Temple Charitable Trust.
  • Additional party: Rent Controlling Authority (as the authority whose eviction order is under dispute).
  • Counsel for Petitioners: Mr. Sajan Narain, Adv.; Mr. Rajan Narain, AOR.
  • Counsel for Respondent: Mr. Sushil Kumar Jain, Sr. Adv.; Mr. Shivaji M. Jadhav, AOR; Ms. Apurva, Adv.; Mr. Aditya Jadhav, Adv.; Mr. Brij Kishor Sah, Adv.; Mr. Vignesh Singh, Adv.; Mr. Siddharth Jain, Adv.
  • Registrar: Gulshan Kumar Arora, Deputy Registrar (Assistant Registrar).
  • Judges: Hon'ble Mr. Justice J.K. Maheshwari; Hon'ble Mr. Justice Atul S. Chandurkar.

Issues / Allegations / Violations

  • Petitioners challenged the High Court’s order maintaining eviction of the tenant by the Rent Controlling Authority and sought relief through special leave.
  • Central issue: Whether the eviction order should stand and the financial terms of any settlement between the parties.

Findings & Observations

  • The Court noted that on 24‑04‑2026 the parties reached a settlement: respondent to pay Rs 3 crore (after TDS) and petitioner to vacate the premises on or before 31‑Jul‑2026.
  • The Court accepted the settlement as a “happy note of settlement” and proceeded to enforce its terms.

Penalties / Settlements / Directions

  • Payment details:

| Sr. No. | Demand Draft No. | Amount (Rs) |

| 1 | 844188 | 99,00,000 |

| 2 | 844189 | 99,00,000 |

| 3 | 844190 | 47,68,000 |

| 4 (additional) | 844194 | 54,32,000 (TDS) |

  • Total amount deposited equals Rs 3,00,00,000, held in an interest‑bearing short‑term fixed deposit in a nationalised bank.
  • Directions:

1. Petitioner shall vacate the entire suit premises and hand over keys before 31‑Jul‑2026; report to be sent to the Registry.

2. Upon receipt of the report, the Rs 3 crore lying with the Registry shall be transmitted to the petitioner’s account with accrued interest (account details to be provided).

3. The Rs 54,32,000 deposited as TDS, Cess and surcharge with the Income‑Tax Authorities shall be refunded to the respondent after verification, as the petitioner is not a non‑resident and therefore not liable for tax.

Corrective Actions & Future Obligations

  • Petitioner must file an affidavit along with PAN card, AADHAAR card and bank account details within two weeks of the order.
  • Petitioner must provide account details to the Registry for transmission of the Rs 3 crore.
  • Respondent must ensure the refund of the Rs 54,32,000 TDS amount from the Income‑Tax Department after verification.
  • Both parties must comply with the vacating and hand‑over of possession by the stipulated date.

Final Ruling & Enforcement

  • The special leave petitions (Nos. 11441‑11442/2026) are disposed of, with the settlement terms enforced.
  • Any pending applications, if any, are also disposed of.
  • The order is signed by Deputy Registrar Gulshan Kumar Arora and recorded by the Court.
  • Enforcement will be monitored through the Registry’s report and subsequent transmission of funds.