Bombay High Court dismisses Copper Chimney plea against eviction

Mumbai: The Bombay High Court has dismissed an appeal filed by south Mumbai restaurant 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 premises owner Trade Wings Ltd and Narayani Hospitality and Academic Institution.

Justice G S Kulkarni on Friday upheld an order passed by the city civil court, which refused to restrain the owners from acting on the eviction notice.

Restaurant to continue occupation till Feb 20

The HC allowed the restaurant to continue occupation till Feb 20, if it deposited with the proprietor dues of ₹12 lakh per month owed since Oct 2022.

The Copper Chimney owner had invoked the ‘force majeure clause’ citing the Covid pandemic while opposing eviction.

A force majeure clause is a contract provision that relieves the parties from performing their obligations when circumstances beyond their control arise.

The owners had entered into an agreement for the use of the premises for five years from Oct 2017. The license period expired on Sep 30, 2022. But Copper Chimney in March 2022 invoked the force majeure clause. It also sought exemption from performing its monetary obligations during this period.