New Delhi, Feb 28.
The Supreme Court on Tuesday allowed Mumbai’s iconic “Copper Chimney” restaurant to continue operating from its current premises at Kala Ghoda for six months till August 2023.
A top court bench, comprising Justices J.K. Maheshwari and J.B. Pardiwala, allowed an appeal filed by the restaurant against the Feb 17, 2023, Bombay High Court order refusing it any relief against the order of eviction served on it.
Copper Chimney was represented in the top court by Kavin Gulati, senior advocate, and was assisted by the team from Karanjawala & Co. led by Ms. Ruby Singh Ahuja, Senior Partner, Ms. Kritika Sachdeva, Ms. Akanksha Thapa and Lakshya Khanna, senior associates.
The High Court had dismissed an appeal filed by Copper Chimney against the eviction notice sent by the owners of the premises at Kala Ghoda from where it operates. Deluxe Caterers, the owner of Copper Chimney, was embroiled in a contractual dispute with the owner of the premises.
The High Court had upheld an order passed by the city civil court refusing to restrain the owners from acting on the eviction notice.
The High Court had allowed Copper Chimney to continue occupation of the premises till February 20, 2023, if it deposited dues of Rs 12 lakh per month owed since October 2022. The owner of Copper Chimney had cited the COVID-19 pandemic to oppose eviction.
The owners and Copper Chimney had agreed to the use of the premises for five years starting from October 2017. The license period expired on September 30, 2022.
But Copper Chimney in March 2022 sought exemption from fulfilling its monetary obligations during the pandemic. The owners refused and sent a notice to Copper Chimney to vacate the premises.
