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2023 Supreme(SC) 1196

VIKRAM NATH, RAJESH BINDAL
Bharat Petroleum Corporation Ltd. – Appellant
Versus
ATM Constructions Pvt. Ltd. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. V. Giri, Sr. Adv. Mr. Parijat Sinha, AOR Ms. Pallak Bhagat, Adv. Ms. Suveni Bhagat, Adv. Ms. Reshmi Rea Sinha, Adv. Mr. Devesh Mishra, Adv.
For the Respondent(s): Mr. S.Nagamuthu, Sr. Adv. Mr. M. A. Chinnasamy, AOR Mrs. C Rubavathi, Adv. Mr. M Veeraragavan,, Adv. Mr. C Raghavendren, Adv. Mr. Ch. Leela Sarveswar, Adv. Mr. Devendra Pratap Singh, Adv. Mr. Sarubh Gupta, Adv. Mr. Vinod Kumar Teng, Adv. Mr. V Senthil Kumar, Adv.

JUDGMENT :

RAJESH BINDAL, J.

1. Leave granted.

2. Challenge in the present appeal is to the order dated 07.01.2021 passed by the High Court1 [High Court of Judicature at Madras], vide which the application filed by the appellants/defendants under Order VII Rule 11(d) C.P.C. in the suit2 [Civil Suit (Commercial Division) No. 62 of 2020] filed by the respondent-plaintiff, was dismissed.

3. Briefly, the facts as available on record are that the respondent-plaintiff is presently the absolute owner of the property in dispute. It was originally owned by T. Padmanabhan, T. Sethuraman and T. Gopinath. At that time, M/s Burma Shell Oil Storage and Distribution Company of India Ltd. had taken the property on lease with effect from 01.01.1958 for the purpose of erecting pump service and filling station for storage of petrol, diesel and carrying on business in such products for a period of twenty years by entering a lease deed dated 08.01.1958. The said Company was the predecessor-in-interest of the appellants-defendants. The property was put to public auction owing to default in repayment of the loan availed by the owners. The same was purchased by Mrs. S. Bharwani in the auction. Sale deed was r

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