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april 2013

Supreme Court of India · 2013-04-02

Bharat Petroleum Corp.Ltd vs Rama Chandrashkhar Vaidya & Anr

Citation / case number
AIRONLINE 2013 SC 659
Court
Supreme Court of India
Petitioner
Bharat Petroleum Corp.Ltd
Respondent
Rama Chandrashkhar Vaidya & Anr
Author
Aftab Alam
Bench
Ranjana Prakash Desai, Aftab Alam

Judgment text excerpt

The Supreme Court ruled that Bharat Petroleum Corporation Limited's claim for renewal of lease under Section 5(2) of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 was valid despite the absence of a registered fresh lease deed. The Court emphasized that the appellant's continuous occupation and the prior notice for renewal constituted sufficient grounds for asserting the right to renewal. The judgment upheld the appellant's right to remain in possession of the premises for an additional period, reinforcing the legal principle that statutory provisions can protect the rights of entities in possession even in the absence of formal documentation.

Bharat Petroleum Corp.Ltd vs Rama Chandrashkhar Vaidya & Anr · Niyam