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2022 Supreme(SC) 74

INDIRA BANERJEE, ABHAY S. OKA
Indian Oil Corporation Ltd. , Through its Senior Manager – Appellant
Versus
Shree Ganesh Petroleum Rajgurunagar Through its Proprietor Mr. Laxman Dagdu Thite – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Amit Meharia, Adv. Ms. Tannishtha Singh, Adv. Mr. Abinash Agarwal, Adv. Ms. Neha Maniktala, Adv. M/S. Meharia & Company, AOR
For the Respondent(s): Mrs. V. D. Khanna, AOR

JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. These appeals are filed by Indian Oil Corporation Limited against a judgment and order dated 11th September 2015 passed by the High Court of Judicature at Bombay partly allowing Arbitration Appeal No.19 of 2013 filed by the Respondent and dismissing Arbitration Appeal No.39 of 2013 filed by the Appellant.

3. The facts giving rise to these appeals are stated very briefly hereinafter.

4. The Appellant took a plot of land, hereinafter referred to as “the said premises”, on lease from the Respondent for a term of 29 years, pursuant to a deed of lease dated 20th September 2005 which was duly registered, in order to set up a retail outlet for sale of its petroleum products.

5. The recital of the deed of lease, inter alia, records:-

    “1)…….The abovementioned Property is owned by SHRI. LAXMAN DAGDU THITTE. The said leased Property is more particularly described in the Schedule hereinbelow given together with the Structures and Building now standing thereon or that may be hereafter erected thereon by the LESSEE TO BOLD the premises hereby demised

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