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2022 Supreme(SC) 957

INDIRA BANERJEE, A. S. BOPANNA
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Ajay Bhatia – Respondent


Advocates appeared:
For the Appellant : Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. Arjun Bhatia, Adv. Ms. Akshta Joshi, Adv. Ms. Shubhra Kapur, Adv.
For the Respondent: Mr. Manmohan Kalra, Adv. Mr. Viresh B. Saharya, AOR Mr. Akshat Agarwal, Adv. Mr. Viresh B. Saharya, AOR Mr. Piyush Singh, Adv. Mr. Rishi Kumar Singh Gautam, AOR

JUDGMENT :

INDIRA BANERJEE, J.

1. Leave granted.

2. This appeal is against a final judgment and order dated 24th November 2021 passed by the High Court of Delhi dismissing the Execution First Appeals being Ex. F.A. 13 of 2019 and Ex. F.A. 30 of 2019 filed by the Appellant.

3. The Appellant is a Government Company within the meaning of Section 2(45) of the Companies Act, 2013 and carries on business, inter-alia, of refining, distributing and marketing petroleum products all over India.

4. The Appellant operated two separate retail outlets/petrol pumps namely M/s Azadpur Service Station and M/s Tej Service Station, through two different dealers, at two different sites at Azadpur in Delhi. M/s Azadpur Service Station was located on a plot of land admeasuring 9700 sq. ft. at 4/4 Azadpur, G.T. Road, Delhi, hereinafter referred to as “Plot No. 4/4” and M/s Tej Service Station on two plots of land admeasuring 15336 sq. ft. located at 4/5, Azadpur, G.T. Road, Delhi hereinafter referred to as “Plot No. 4/5.”

5. By an indenture of lease dated 15th October 1970, Shadi Lal Bhatia, since deceased, son of Late Chaman Lal Bhatia, resident of 39, Security Police Flats, near Ashoka Hotel, New Delhi, leas


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