Jurisdictional Distinction Between Section 6 Possessory Suits and Licensor-Licensee Disputes in Mumbai Courts
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Case: SUNITA DILEEP NEVATIA AND ANR v. AMBROSIA RESTAURANTS PVT LTD
Court: Bombay High Court
Date: 14-07-2026
Law: Specific Relief Act, Code of Civil Procedure, Presidency Small Cause Courts Act.
Highlights of the Judgment:
- An analysis of the jurisdictional conflict between Section 6 of the Specific Relief Act, 1963, and Section 41 of the Presidency Small Causes Courts Act, 1882.
- The distinction between summary possessory suits founded on illegal dispossession and suits arising from the jural relationship of licensor and licensee.
- Application of Order VII Rule 10 and Rule 11(d) of the Code of Civil Procedure, 1908, regarding the return versus rejection of a plaint.
- Interpretation of the "dominant nature" of a suit to determine the competent forum for adjudication.
- The evidentiary relevance of Leave and License Agreements in summary proceedings where title is not at issue.
- Judicial commentary on the requirement to follow due process of law when dispossessing a licensee.
- Discussion on the doctrine of restitution under Section 144 of the Code of Civil Procedure following the cessation of interim protection.