NDLI: Bharat Petroleum Corporation Ltd. Vs. Chembur Service Station

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1971 Public Premises (Eviction of Unauthorised Occupant) Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Public Premises (eviction of Unauthorised Occupants) Act, 1971 (40 of 1971)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Matter Referred to Larger Bench
Headnote	Public Premises (Eviction of Unauthorised Occupant) Act, 1971 - Appellant, PSU, in the year 1972, entering into a dealership agreement with the respondent, appointing it as dealer to sell appellant's petroleum products at appellant's premises at ·the price specified by the appellant - Breach of trust by the respondent - Show cause notice by the appellant as to why dealership agreement be not terminated - Suit before the Single Judge of Court of Small Causes - Interim order directing the appellant to maintain status quo to the effect that the respondent shall remain in possession of the petrol pump and that the appellant shall continue to supply petrol and petroleum products to the petrol pump at the suit premises - On appeal, the Division Bench of the court of Small Causes vacated the direction to continue supply of petrol and petroleum products but maintained the order of status quo with respect to possession of the respondent Cross-writ petitions - High Court upheld the order which vacated the direction to the appellant to continue supply of petrol and petroleum products - High Court also clarified that the said order of status quo did not preclude the appellant from taking recourse to recovery of possession of the suit property from the respondent by following due process of law including by resorting to action under the provisions of the Public Premises Act, if permissible - Meanwhile, termination of the dealership agreement - On appeal, held: Difference of opinion on issues as to nature of licence granted to the respondent by the appellant under the Agreement; whether the High Court was justified in upholding the grant of interim order of status quo and directing the appellant to secure possession from the respondent of the petrol pump premises by resorting to proceedings under the 1971 Act; and whether the respondent had become a deemed tenant in 1972 - Matter referred to Larger Bench ...:. Bombay Rents, Hotel and Lodging Houses, Rates Control Act, 1947 - ss. 15A and 5(4A)
Judge	Hon'ble Mr. Justice R.V. Raveendran
Neutral Citation	2011 INSC 174
Petitioner	Bharat Petroleum Corporation Ltd.
Respondent	Chembur Service Station
SCR	[2011] 3 S.C.R. 632
Judgement Date	2011-03-02
Case Number	2276

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