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Shree Naman Hotels Pvt. Ltd. vs Mumbai Metropolitan Region ... on 8 April, 2026 cites

M/S. Goetze (India) Ltd vs Employees State Insurance Corporation on 7 July, 2008

In Goetze (India) Ltd. (Supra), the Hon'ble Supreme Court has held that when the liability to pay the interest is statutory, there is no power of waiver of the same; in Transmission Corporation of Andhra Pradesh Ltd. (Supra), the Hon'ble Supreme Court has held that when the parties have entered into the field of contract simpliciter, their rights are controlled by the contracts executed between them. Therefore, in the absence of Page 47 of 55 ::: Uploaded on - 09/04/2026 ::: Downloaded on - 09/04/2026 21:35:57 ::: Shree Naman Hotels-oswp-3209-2017-J-R.doc challenge to the contract, it would not be permissible for the Court to go behind the contact and permit questioning of the statutory jurisdiction vested in the regulatory commission. However, as would be apparent from the facts alluded to herein above, it is apparent that the issues involved in the Writ petition do not involve any challenge to a particular Clause/Article in the Lease Deed or to any statutory provision. On the contrary, the core controversy in this petition is pertaining to the question of application of the terms and conditions of the Lease Deed to the facts and circumstances of this case. Therefore, we are of the opinion that the ratio laid down in the abovenoted decisions relied upon by Mr Samdani would not be of any assistance to the Respondents in the facts and circumstances of the present case.
Supreme Court of India Cites 6 - Cited by 46 - A Pasayat - Full Document
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