Bombay High Court

Bombay HC: Mrs. Godavaridevi Wins Right to Higher Profits for Nariman Point Offices

Updated
Dec 9, 2025 7:10 PM
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Summary: The Bombay High Court ruled on a long-standing conflict involving Mrs. Godavaridevi and the State Trading Corporation (STC) over extra profits for office spaces in Mumbai. The court sided with the landlords, allowing them to claim higher profits than initially agreed.

Background of the Case

The case involves Mrs. Godavaridevi Agrawal, a housewife from Mumbai, and the State Trading Corporation of India Ltd. (STC). The dispute centered around office spaces located at Nariman Point, Mumbai, which STC occupied beyond the lease period. The landlords sought extra profits for this unauthorized occupation.

Key Dates and Events

  • January 1, 2002: The date from which extra profits were claimed by Ravindra Singh Indersingh Sehgal.
  • October 5, 2011: STC handed over possession of the premises to Mr. Sehgal.
  • November 8, 2019: STC vacated the premises occupied by Mrs. Godavaridevi.

The Legal Battle

STC's Argument

STC, represented by Senior Advocate Mr. Anil Singh, argued that the lease agreement limited compensation to Rs. 12 per sq.ft. per month. They contended that this amount was the maximum payable, regardless of the actual extra profits.

  • Clause 15: STC claimed this clause limited the compensation for unauthorized use to Rs. 12 per sq.ft. per month.

Landlords' Standpoint

The landlords, including Mrs. Godavaridevi, argued that the Rs. 12 rate was a penalty, not a cap on extra profits. They asserted their right to claim higher profits based on the property's value and STC's unauthorized occupation.

Court's Decision

Judge M. M. Sathaye's Ruling

Judge Sathaye ruled in favor of the landlords, allowing them to claim higher extra profits. The court found that Clause 15 did not limit the landlords' rights to seek additional compensation.

  • Extra Profits: The court set extra profits at Rs. 150 per sq.ft. per month for Mrs. Godavaridevi's premises, aligning with previous judgments.

Key Quotes from the Judgment

"The words ‘without prejudice to other rights and remedies’ in Clause 15 allow landlords to claim higher extra profits."

The court rejected STC's plea to cap the compensation, emphasizing the distinction between penalties and extra profits.

Summary of the Verdict

The Bombay High Court ruled that Mrs. Godavaridevi and other landlords could claim higher extra profits than the Rs. 12 per sq.ft. originally agreed upon, setting it at Rs. 150 per sq.ft. This decision highlights the importance of clear lease agreements and supports landlords' rights to fair compensation for unauthorized property use.

Tags:
Lease Agreements
Property Rights
Commercial Dispute