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1 - 8 of 8 (0.63 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 47 in The Code of Civil Procedure, 1908 [Entire Act]
Bharat Petroleum Corp.Ltd vs Rama Chandrashkhar Vaidya & Anr on 2 April, 2013
9. The learned Single Judge of this Court vide order dated
21.11.2013 in CS(OS) No.1828/2006 also held to the effect that the
statement made in paragraph 9 of the written statement that the lease
came to an end on 31st March 2009 was an admission by Defendant
No. 1 that its continuance in the suit property beyond that date is
without any legal basis with there being observations also in the order
dated 21.11.2013 to the effect that there was no automatic renewal of
the lease and the defendant no.1 had not exercised any such right
earlier by issuing any notice to the plaintiff and that as held by the
Hon'ble Supreme Court in "Bharat Petroleum Corporation Limited
v. Rama Chandrashekhar Vaidya", a decision dated 2nd April 2013 in
SLP (Civil) No. 15 of 2010, the Hon'ble Supreme Court had negatived
the plea in that case by Defendant No. 1 thereof that there was an
automatic renewal of the lease, likewise, in "Depot Superintendent,
H.P. Corporation Limited v. Kolhapur Agricultural Market
Committee, Kolhapur" (2007) 6 SCC 159, the Supreme Court had
held that there was no automatic renewal of a lease for a petroleum
retail outlet and thus, it was held that the plaintiff was entitled under
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:24.11.2021
11:58:31
This file is EX.F.A.13/2019 & EX.F.A.30/2019 Page 9 of 31
digitally signed by
PS to HMJ ANU
MALHOTRA.
Section 152 in The Code of Civil Procedure, 1908 [Entire Act]
Section 51 in The Code of Civil Procedure, 1908 [Entire Act]
Depot Superintendent H.P.Corpn. Ltd. & ... vs Kolhapur Agri. Market Commtt. Kolhapur on 20 June, 2007
9. The learned Single Judge of this Court vide order dated
21.11.2013 in CS(OS) No.1828/2006 also held to the effect that the
statement made in paragraph 9 of the written statement that the lease
came to an end on 31st March 2009 was an admission by Defendant
No. 1 that its continuance in the suit property beyond that date is
without any legal basis with there being observations also in the order
dated 21.11.2013 to the effect that there was no automatic renewal of
the lease and the defendant no.1 had not exercised any such right
earlier by issuing any notice to the plaintiff and that as held by the
Hon'ble Supreme Court in "Bharat Petroleum Corporation Limited
v. Rama Chandrashekhar Vaidya", a decision dated 2nd April 2013 in
SLP (Civil) No. 15 of 2010, the Hon'ble Supreme Court had negatived
the plea in that case by Defendant No. 1 thereof that there was an
automatic renewal of the lease, likewise, in "Depot Superintendent,
H.P. Corporation Limited v. Kolhapur Agricultural Market
Committee, Kolhapur" (2007) 6 SCC 159, the Supreme Court had
held that there was no automatic renewal of a lease for a petroleum
retail outlet and thus, it was held that the plaintiff was entitled under
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:24.11.2021
11:58:31
This file is EX.F.A.13/2019 & EX.F.A.30/2019 Page 9 of 31
digitally signed by
PS to HMJ ANU
MALHOTRA.
Pratibha Singh And Anr vs Shanti Devi Prasad And Anr on 29 November, 2002
23. Reliance is also sought to be placed on behalf of the appellant
on the observations of the Hon'ble Supreme Court in "Pratibha Singh
and Anr. V. Shanti Devi Prasad and Anr." (2003) 2 SCC 330,
wherein it has been observed to the effect:-
1