BABU MATHU GAIKWAD. SHRI P.N. JOSHI vs GULABCHAND TARACHAND BORE. — WP/4329/1993

Summary: WP/4329/1993 - Babu Mathu Gaikwad v. Gulabchand Tarachand Bore Case Citation: High Court of Bombay, Civil Appellate Jurisdiction, Writ Petition No. 4329 of 1993 (Decided 08 May 2026) Outcome: The Larger Bench answered two questions referred by a Single Judge regarding the interpretation of Sections 11 and 12 of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947: (Question I - Answered in the Affirmative): A tenant's deposit of rent in a standard rent application under Section 11(3) *can* be treated as a valid tender of arrears complying with a demand notice under Section 12(2). (Question II - Answered in the Affirmative): When a tenant deposits the demanded amount in a standard rent application, there is no cause of action for eviction, and the Court cannot pass a decree solely on grounds of non-compliance with Section 12(3)(b). Key Holding: While Sections 11 and 12 are mutually exclusive, deposits made under Section 11(3) have automatic relevance to determining whether a tenant is "ready and willing" under Section 12(3)(b). The Court clarified that exact mathematical punctuality is not required—reasonable punctuality suffices—and noted the Court retains discretion to allow payment variations when circumstances warrant relief. This case analysis is maintained by casestatus.in based on publicly available court records.