...lease, the provisions of Section 14(1)(d) of the Code could not prevent the MCGM from terminating the agreement. Another argument made was that the period of CIRP in the case began on 13 March, 2018...interference with the order of the Adjudicating Authority/NCLT.10. It is argued on behalf of MCGM by its learned senior counsel, Mr. Neeraj Kaul, that no lease deed was...executed in favour of Seven Hills, the Corporate Debtor. MCGM was the undeniable owner of the land; as there were no assets of the Corporate Debtor, it stated that a duly registered lease deed would be...

...March, 2003 the Respondent No. 1, the Municipal Corporation of Greater Mumbai (“MCGM”) sought to revise the lease rent in respect of Oriental Insurance's at Wellington Lines Estate. Oriental Insurance...lease rent differences would not be acted upon until a further decision was taken by the Appropriate Authority. The MCGM, however, insisted that Oriental Insurance continue paying the lease rent at the...Article 226 of the Constitution of India, that for some years now, i.e, since 2009/10, the MCGM has stopped accepting lease rent...

...these plots were thus transferred to the Page 2 of 16 11th February 2019 29-NMS1320-13.DOC MCGM. The plots were to re-vest in the State Government on the expiry of the 99-year lease...surrendered the lease to the MCGM and secured two separate leases for what was then called Plot A1 (1298 sq yards) and Plot B1 (to another entity called Narayana Trust) for the remainder of the lease...leasehold rights of Plot A1 and the Empire Building, (by now included in Schedule W to the MCGM Act), together with another adjacent Plot A2. This lease was valid until 2008 for Plot A2 and the MCGM had...

...protection to the petitioners in the said two cases. It is not in dispute that the land belongs to MCGM and it was given on lease to the petitioners - Society. The building which is constructed on the said...1. Leave to amend is granted.2. The petitioners are aggrieved by the condition imposed by the Municipal Corporation of Greater Mumbai (‘MCGM’) asking the petitioners to pay...to MCGM, no charge can be levied in view of the exemption which is granted under section 124f of the mrtp act. It is submitted that in two other petitions, this Court was pleased to grant interim...

...these plots were thus transferred to the Page 2 of 16 11th February 2019 29-NMS1320-13.DOC MCGM. The plots were to re-vest in the State Government on the expiry of the 99-year lease...surrendered the lease to the MCGM and secured two separate leases for what was then called Plot A1 (1298 sq yards) and Plot B1 (to another entity called Narayana Trust) for the remainder of the lease...leasehold rights of Plot A1 and the Empire Building, (by now included in Schedule W to the MCGM Act), together with another adjacent Plot A2. This lease was valid until 2008 for Plot A2 and the MCGM had...

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...as “MCGM”). Thereafter, on 04.06.1945, the appellants' predecessor-in-interest, Lullu Vas, submitted an application to the MCGM seeking lease of the said land for residential purposes and paid an....26. In the present case the genesis of the appellants' right is a lease which was allegedly entered into between the appellants' predecessor in interest and MCGM, which allegedly accepted the...earnest money of Rs. 8,232. The appellants contend that the MCGM decided to give leasehold rights in perpetuity to Lullu Vas. At that time, about 70 slum structures were pre-existing on the said land...

...lease deeds. The Court also held that in none of the lease deeds before it there was any provision for obtaining prior permission of the MCGM for effecting transfer of the lease deed. On the contrary, in...the assignees on the ground that the lease deeds in question did not require prior permission of the MCGM for such transfer/assignment. The petitioners have therefore challenged the demand notices...petitions. Contentions of all parties are kept open in this regard.17. This brings us to the question of levy of enhanced lease rent by the MCGM. It appears from the Municipal Commissioner's...

...Environment & Forests (MOEF) and Occupancy Certificate (OC) from MCGM. These permissions were to form the basis of Proposed Lease Agreement for this property. The lessee made these permissions approval, both...in Original as well as Supplementary Lease Agreement, as "conditions precedent". I find that approval from MOEF and OC from MCGM have not been received till 31.03.2013. Thus, I find merit in the...Lease Agreement Rent Commencement Date has been defined as under: Para 4.6 of the supplementary agreement "Upon procurement of the said OC from the MCGM by the Lessor, after the Lessee has first...

...of Lease executed with the MCGM of not erecting any structure without consent of MCGM and act of Defendant in construction of loft endangering the lease in favour of the Plaintiff. Defendant filed...Plaintiff amended the Plaint. Plaintiff amended the Plaint for the purpose of incorporating pleadings with regard to threat suffered by it from MCGM about termination of lease on account of act of Defendant...letter dated 30 September 1982, the refusal could be attributed to the 2024 covenants of Lease Deed with MCGM putting an...

...application to the MCGM seeking lease of the said land for residence and paid an amount of Rs. 8,232/- as earnest money. It appears that MCGM decided to give leasehold rights in perpetuity to Smt. Lulla Vas...subject to certain terms and conditions and on ‘as is where is basis’. It is however admitted position that thereafter MCGM has never executed lease-deed or created any present demise by executing any...the ground that it was passed on the basis of Letter dated 27 October 2009 issued by the AMC (Estate), MCGM which stated that there was no valid lease. He submitted that since HPC has no jurisdiction...

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...date, without anything more, cannot lead us to presume that the lease has been extended. In fact, if we were to assume, that by their conduct, the MCGM has extended/renewed the lease, it would be would...into and make contracts, including leases. Leased properties and which belong to the MCGM are not for persons like the petitioners which are occupied by them even after the initial permission or lease...the Court. We have come to this conclusion because even on the documents as annexed to the petition, it is clear that the lease with reference to the aforesaid plots was never renewed by the MCGM...

...date, without anything more, cannot lead us to presume that the lease has been extended. In fact, if we were to assume, that by their conduct, the MCGM has extended/renewed the lease, it would be would...into and make contracts, including leases. Leased properties and which belong to the MCGM are not for persons like the petitioners which are occupied by them even after the initial permission or lease...the Court. We have come to this conclusion because even on the documents as annexed to the petition, it is clear that the lease with reference to the aforesaid plots was never renewed by the MCGM...

...facts of 'MCGM' case show that the said judgment dealt with a situation where no lease deed was executed favouring the Corporate Debtor. Hence, in view of the execution of lease deeds in favour of the...applicable transfer fee etc. as per related terms of the respective lease deeds. Thus, the ratio of the decision of Hon'ble Supreme Court in the MCGM case (supra) is not applicable to the facts of this case...Court has dealt with a situation where lease deed was to yet to be executed upon completion of the project. Therefore the rights of MCGM can't be dealt with under a Resolution Plan, where lease was not...

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...the suit premises neither belongs to nor were vested in or taken on lease by the MCGM. In such circumstances, neither Laxman Kudalkar, nor his legal representatives (present applicants) could ever be...the 1st schedule to such Agreement for Sale (said property) to Municipal Corporation Greater Mumbai (MCGM). The MCGM was also placed in possession of the said property. The impugned order concerns...Sadan Trust. In the year 2002, the MCGM initiated eviction proceedings under Chapter V-A of the said MMC Act against the said Laxman. An eviction order was initially made on 22 July 2002, however...

...lease by the MCGM. In such circumstances, neither Laxman Kudalkar, nor his legal representatives (present applicants) could ever be regarded as in 'unauthorised occupation in relation to any...Municipal Corporation Greater Mumbai (MCGM). The MCGM was also placed in possession of the said property. The impugned order concerns premises from out of one of the buildings from the said property, allotted...to late Laxman K. Kudalkar, being staff quarter, as admittedly, said Laxman Kudalkar was one of the employees of the Kailas Seva Sadan Trust. In the year 2002, the MCGM initiated eviction proceedings...

...lease by the MCGM. In such circumstances, neither Laxman Kudalkar, nor his legal representatives (present applicants) could ever be regarded as in 'unauthorised occupation in relation to any...Municipal Corporation Greater Mumbai (MCGM). The MCGM was also placed in possession of the said property. The impugned order concerns premises from out of one of the buildings from the said property, allotted...to late Laxman K. Kudalkar, being staff quarter, as admittedly, said Laxman Kudalkar was one of the employees of the Kailas Seva Sadan Trust. In the year 2002, the MCGM initiated eviction proceedings...

...lease by the MCGM. In such circumstances, neither Laxman Kudalkar, nor his legal representatives (present applicants) could ever be regarded as in 'unauthorised occupation in relation to any...Municipal Corporation Greater Mumbai (MCGM). The MCGM was also placed in possession of the said property. The impugned order concerns premises from out of one of the buildings from the said property, allotted...to late Laxman K. Kudalkar, being staff quarter, as admittedly, said Laxman Kudalkar was one of the employees of the Kailas Seva Sadan Trust. In the year 2002, the MCGM initiated eviction proceedings...