Supreme Court of India · 2004-04-05
Bharat Petroleum Corporation Ltd vs P. Kesavan & Anr
- Citation / case number
- AIR 2004 SUPREME COURT 2206
- Court
- Supreme Court of India
- Petitioner
- Bharat Petroleum Corporation Ltd
- Respondent
- P. Kesavan & Anr
- Author
- S.B. Sinha
- Bench
- Chief Justice, S.B. Sinha, S.H. Kapadia
Judgment text excerpt
The Supreme Court held that under the Burmah Shell (Acquisition of Undertakings in India) Act, 1976, the appellant was entitled to seek renewal of the lease despite the lessor's termination notice. The Court clarified that Section 5(2) of the Act allows for lease renewal, but emphasized that execution of necessary documents as per Section 107 of the Transfer of Property Act is mandatory. The Court ultimately upheld the lower courts' decisions, denying the appellant's claim for renewal due to failure to execute the required documents.