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april 2004

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.

Bharat Petroleum Corporation Ltd vs P. Kesavan & Anr · Niyam