VidhiSangh

Supreme Court of India · 11/11/2021

NATIONAL COMPANY, REPRESENTED BY ITS MANAGING PARTNER versus THE TERRITORY MANAGER, BHARAT PETROLEUM CORPORATION LTD. & ANR.

[2021] 11 S.C.R. 75 · 2021 INSC 714

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Summary

The Court directed BPCL to surrender leased petrol-pump premises within three months and pay market rent from expiry of the lease until delivery. Binding three-judge precedent excluded tenant-protection benefits where actual possession had been given to a dealer or licensee. The High Court’s reason for relegating the owner to another remedy therefore failed. The amount of market rent was reserved for later determination on supporting submissions, and costs of Rs.1 lakh were awarded.

Issues

  1. Whether BPCL could invoke tenant protection despite possession being with its dealer and thereby defeat relief in writ jurisdiction.
  2. What possession, rent and costs directions should follow.

Provisions considered

Held

Result

Appeal allowed and disposed of with vacant possession directed within three months, market rent from 31 December 2009 until delivery, and Rs.1 lakh costs. Market-rent quantification deferred for three weeks; supporting submissions due within two weeks. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 75.