In these circumstances, it is not possible to agree with Mr. Dani that only such multinational companies having a paid up share capital of Rs. 1 Crore or more are excluded from the purview of the Act. The Act is inapplicable to foreign missions, international agencies and multinational companies and they are grouped together only because of the foreign or international element in them. There presence being at global or international level, their presence in more than one country being undisputed, it is but natural to hold that they have the financial capacity and capability to procure and purchase or afford the rates of immovable property prevailing in the market. They are not required to be protected from rack renting, exploitation and the alleged greed of landlords as urged by Mr. Dani. They cannot complain of economic exploitation because of their financial and other resources. In such circumstances, the Legislature deemed it fit that such entities together with banks, public sector undertakings or statutory Corporations and others are not required to be brought within the purview of rent control legislation. They can stand out and compete and equally they can on their own buy properties at prevailing market rates. The presumption that the protection of beneficial and social legislation meant to protect tenants who cannot afford to pay market price, holds good and there is no question of any discrimination much less classification having no nexus with the object sought to be achieved. If the object sought to be achieved is to exclude such entities, who are financially sound and cash rich because they were misusing the protection of rent control act, then, that cannot be said to be vitiated by any arbitrariness or unreasonableness. In such circumstances and when the vires of the provision has also been upheld by the Supreme Court in Pansare's case (supra), then, all the more, this is not a fit case for holding that the applicant continues to enjoy the protection of the rent control legislation and it is not excluded from its purview.
IN THE HIGH COURT OF BOMBAY
Civil Revision Application No. 184 of 2010
Decided On: 13.03.2013
Paramount Films of India Limited Vs. S.F. Chemicals Industries Pvt. Ltd.
Hon'ble Judges/Coram:
S.C. Dharmadhikari, J.
Citation: 2013(3) MHLJ 239,2013(3) AllMR 660
